Opinion
2012-12-27
The PEOPLE of the State of New York, Respondent, v. David RODRIGUEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.
Order, Supreme Court, New York County (Daniel McCullough, J.), entered on or about April 25, 2012, which adjudicated defendant a level three 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 ( see People v. Pettigrew, 14 N.Y.3d 406, 409, 901 N.Y.S.2d 569, 927 N.E.2d 1053 [2010] ). The mitigating factors he cites were outweighed by the seriousness of the underlying sex crime, which resulted in the death of the victim, as well as by defendant'scriminal history and his prison disciplinary infractions. Defendant has not established that his medical condition eliminates any significant risk of reoffense.