Opinion
14203 Ind. No. 99075/15 Case No. 2018–1641
09-28-2021
The PEOPLE of the State of New York, Respondent, v. Marc MORALES, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Webber, J.P., Mazzarelli, Gonza´lez, Scarpulla, Pitt, JJ.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about July 8, 2016, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (C0rrection 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 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). Defendant's proffered mitigating factors, including his family support system and educational plans, were adequately taken into account by the guidelines. Further, defendant has not shown that these circumstances actually reduced his particular risk of reoffense (see People v. Holmes, 195 A.D.3d 528, 145 N.Y.S.3d 794 [1st Dept. 2021] ). Defendant has also not demonstrated that his response to therapy was exceptional (see People v. Camacho, 195 A.D.3d 507, 507, 145 N.Y.S.3d 343 [1st Dept. 2021] ). In any event, to the extent that defendant demonstrated the existence of the claimed mitigating factors, the recency and seriousness of the offense committed against a minor weighed against granting a departure.