Opinion
7165 Ind. 2298/12
09-27-2018
The PEOPLE of the State of New York, Respondent, v. Matthew SMALLS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Aaron Zucker of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Aaron Zucker of counsel), for respondent.
Renwick, J.P., Gische, Mazzarelli, Kern, Moulton, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about September 14, 2016, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
Defendant's challenges to point assessments that were based on a prior youthful offender adjudication are unavailing in light of People v. Francis, 30 N.Y.3d 737, 71 N.Y.S.3d 394, 94 N.E.3d 882 [2018]. The court also correctly assessed points for a history of drug abuse, based on defendant's admissions and criminal history (see e.g. People v. Fernandez, 126 A.D.3d 453, 2 N.Y.S.3d 357 [1st Dept. 2015], lv denied 25 N.Y.3d 911, 15 N.Y.S.3d 287, 36 N.E.3d 90 [2015] ).
We find no basis for 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 are outweighed by the seriousness of the underlying crime, and we do not find that there were any overassessments.