People v. Shellman

134 A.D.3d 517, 20 N.Y.S.3d 533

Opinion

Order, Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about August 20, 2013, 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 mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure given the seriousness of the underlying conduct, in which defendant abused his position of authority by repeatedly engaging in sexual activity with his 13-year-old dance student (see e.g. People v Brown, 122 AD3d 536 [1st Dept 2014], lv denied 24 NY3d 915 [2015]). Concur— Friedman, J.P., Andrias, Gische and Kapnick, JJ.