Opinion
12042 Ind. No. 2746/15 Case No. 2019-3589
10-13-2020
The PEOPLE of the State of New York, Respondent, v. Eddi H. MIRABEL, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Nicole P. Geoglis of counsel), for appellant. Cyrus R. Vance, Jr. District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Nicole P. Geoglis of counsel), for appellant.
Cyrus R. Vance, Jr. District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Gische, J.P., Singh, Kennedy, Mendez, JJ.
Order, Supreme Court, New York County (Abraham L. Clott, J.), entered on or about December 12, 2018, 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 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] ). Given the particular egregiousness of the underlying crime, we do not find that there was any overassessment of points, and the record does not establish any basis for a downward departure. Among other factors, the severity of the young victim's injuries suggests an indifference on the part of defendant to the well-being of others, and a consequent risk of sexual reoffense.