People v. Richardson

2017 NY Slip Op 3140, 149 A.D.3d 650, 50 N.Y.S.3d 872

Opinion

Order, Supreme Court, New York County (Patricia M. Núñez, J.), entered December 20, 2012, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Of fender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Based on reliable information (see People v Mingo, 12 NY3d 563 [2009]), the court correctly assessed 20 points under the risk factor for continuing course of sexual misconduct, and also correctly determined that a presumptive override applied because of the facts underlying defendant’s out-of-state conviction. In any event, regardless of whether defendant’s correct point score is 180, as the court found, or 160, as he contends, and regardless of any override, defendant remains a level three offender, and there is no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant, including relatively recent compliance with supervision and treatment, were outweighed by the seriousness of defendant’s overall history, which demonstrates that he presents a grave danger to young children.

Concur — Tom, J.R, Mazzarelli, Andrias, Manzanet-Daniels and Webber, JJ.