Opinion
5522 Ind. 4708/07
01-25-2018
The PEOPLE of the State of New York, Respondent, v. Juan Carlos BAEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Manzanet–Daniels, J.P., Gische, Tom, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about May 4, 2015, 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 providently exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying crime, which was committed against a child (see e. g. People v. Cruz, 154 A.D.3d 610, 63 N.Y.S.3d 351 [1st Dept. 2017] ; People v. Ogata, 124 A.D.3d 416, 998 N.Y.S.2d 189 [1st Dept. 2015], lv denied 25 N.Y.3d 908, 10 N.Y.S.3d 528, 32 N.E.3d 965 [2015] ; People v. Watson, 112 A.D.3d 501, 503, 977 N.Y.S.2d 24 [1st Dept. 2013], lv denied 22 N.Y.3d 863, 983 N.Y.S.2d 494, 6 N.E.3d 613 [2014] ).