Opinion
2014-01-21
The PEOPLE of the State of New York, Respondent, v. Lionel PITTMAN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about June 22, 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 providently exercised its discretion in declining to grant defendant a downward departure to level one ( see People v. Cintron, 12 N.Y.3d 60, 70, 875 N.Y.S.2d 828, 903 N.E.2d 1149 [2009], cert. denied 558 U.S. 1011, 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 risk assessment instrument adequately took into account the absence of a prior sex crime and defendant's prison record. Further, neither defendant's age (late 40s) nor any of the other factors he relied on warranted a downward departure in light of the seriousness of his offense against two very young children ( see e.g. People v. Thomas, 105 A.D.3d 640, 963 N.Y.S.2d 583 [1st Dept.2013], lv. denied21 N.Y.3d 863, 2013 WL 4516315 [2013] ). TOM, J.P., SAXE, MOSKOWITZ, GISCHE, CLARK, JJ., concur.