People v. Rizzo

121 A.D.3d 503, 993 N.Y.S.2d 507

Opinion

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about February 8, 2013, which adjudicated defendant to be a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C) unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 NY3d 841, 856-857 [2014]; People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Neither defendant’s age nor any other factors cited by defendant warranted a downward departure, particularly in light of the seriousness of the underlying sex crime.

Concur— Tom, J.P, Sweeny, Renwick, Andrias and Clark, JJ.