Opinion
Appeal No. 14301 Ind. No. 777/17Case No. 2020-03764 Ind. 777/17
10-05-2021
The People of the State of New York, Respondent, v. Edward Roman, Defendant-Appellant. Appeal No. 14301 No. 2020-03764
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth G. Caldwell of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth G. Caldwell of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Before: Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.
Order, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), entered on or about July 8, 2020, 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 a downward departure (see generally People v Gillotti, 23 N.Y.3d 841, 861 [2014]). Defendant's successful completion of treatment programs and vocational training while in prison was adequately taken into account by the risk assessment instrument (see People v Stuckey, 174 A.D.3d 454, 455 [1st Dept 2019]), and defendant did not show that his response to treatment was exceptional (see People v Santiago, 137 A.D.3d 762, 764 [2d Dept 2016] lv denied 27 N.Y.3d 907 [2016]). Defendant also failed to demonstrate how his family or community support reduced his particular likelihood of reoffense or danger to the community (Stuckey, 174 A.D.3d at 455). In any event, the alleged mitigating factors identified by defendant were outweighed by the seriousness of the underlying crime.