People v. Rivera

123 A.D.3d 639, 999 N.Y.S.2d 76

Opinion

Order, Supreme Court, New York County (Cassandra M. Mullen, J), entered on or about August 3, 2011, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The record supports the court’s determination that defendant is subject to the presumptive override for a prior felony sex crime conviction, which results in a level three adjudication independent of any point assessments. The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were outweighed by the seriousness of defendant’s underlying crimes and his pattern of recidivism.

Concur — Acosta, J.P., Moskowitz, Richter, Feinman and Clark, JJ.