Opinion
16412 30114/13.
12-15-2015
The PEOPLE of the State of New York, Respondent, v. Eddie SHELLMAN Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jessica Olive of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jessica Olive of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about August 20, 2013, which adjudicated defendant a level two 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 ). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure given the seriousness of the underlying conduct, in which defendant abused his position of authority by repeatedly engaging in sexual activity with his 13–year–old dance student (see e.g. People v. Brown, 122 A.D.3d 536, 997 N.Y.S.2d 395 1st Dept.2014, lv. denied 24 N.Y.3d 915, 2015 WL 649315 2015 ).
FRIEDMAN, J.P., ANDRIAS, GISCHE, KAPNICK, JJ., concur.