People v. Zepeda

124 A.D.3d 417, 997 N.Y.S.2d 626

Opinion

Order, Supreme Court, New York County (Michael R. Sonberg, J.), entered on or about September 12, 2012, which adjudicated defendant a level two 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). There is no basis for a downward departure, given the seriousness of the underlying conduct, committed against a child. There is no merit to defendant’s argument that his deportation to Mexico resulted in such a reduced risk to public safety as to warrant a downward departure (see e.g. People v Kachalov, 106 AD3d 973 [2d Dept 2013], lv denied 21 NY3d 863 [2013]).

Concur — Mazzarelli, J.E, DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.