People v. Mann

2018 NY Slip Op 1571

Opinion

People v Mann (2018 NY Slip Op 01571)

People v Mann

2018 NY Slip Op 01571

Decided on March 13, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 13, 2018
Friedman, J.P., Andrias, Singh, Moulton, JJ.

5960 30154/14

[*1]The People of the State of New York, Respondent,

v

Russell Mann, Defendant-Appellant.

The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.

Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about October 28, 2014, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in denying defendant's application for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]. Defendant was a presumptive level three offender by virtue of both his score on the risk assessment instrument and a presumptive override based on his previous rape conviction. Based on the violent and heinous nature of his sexual criminality, none of the considerations asserted by

defendant warranted a conclusion that a level three adjudication would constitute an overassessment of his dangerousness and risk of reoffense.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 13, 2018

CLERK