Opinion
2013-02-28
The PEOPLE of the State of New York, Respondent, v. Chauncy JAMES, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Angie Louie of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Deborah L. Morse of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Angie Louie of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Deborah L. Morse of counsel), for respondent.
Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered November 18, 2011, 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 in denying defendant's application for a downward departure ( see People v. Cintron, 12 N.Y.3d 60, 70, 875 N.Y.S.2d 828, 903 N.E.2d 1149 [2009],cert. denied558 U.S. ––––, 130 S.Ct. 552, 175 L.Ed.2d 382 [2009];People v. Mingo, 12 N.Y.3d 563, 568 n. 2, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009] ). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument, and were outweighed by the seriousness of the underlying sex crimes against a child (see e.g. People v. Melendez, 83 A.D.3d 448, 919 N.Y.S.2d 850 [1st Dept. 2011] ). Although defendant describes his sexual relationship with the victim as consensual, we note that it began when the victim was only 11 years old.