People v. Perez

135 A.D.3d 583, 22 N.Y.S.3d 859

Opinion

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 24, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The factors cited by defendant, including his expert’s report, do not warrant a different conclusion, especially in light of defendant’s pattern of escalating sexual misconduct toward the victim. Concur — Tom, J.P., Friedman, Saxe and Kapnick, JJ.