Opinion
12-06-2016
The PEOPLE of the State of New York, Respondent, v. Hector PORTALATIN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Order, Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about November 24, 2015, which adjudicated defendant a level two sexually violent sex offender pursuant to the Sex Offender Registration Act (Correction 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 did not establish that his health problems would minimize the likelihood of recidivism (see e.g. People v. Rodriguez, 101 A.D.3d 630, 955 N.Y.S.2d 867 [1st Dept.2012], lv. denied 21 N.Y.3d 851, 2013 WL 1299941 [2012] ), and his expression of remorse and lack of additional sex offenses were adequately taken into account by the risk assessment instrument.
RENWICK, J.P., SAXE, GISCHE, WEBBER, JJ., concur.