Opinion
16586 7685/00
01-07-2016
The PEOPLE of the State of New York, Respondent, v. Mitchell TEXIDOR, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Gina Mignola of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Gina Mignola of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Michael J. Obus, J.), entered June 25, 2013, 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's upward departure was a provident exercise of discretion. Clear and convincing evidence established aggravating factors that were not otherwise adequately taken into account by the risk assessment guidelines (see e.g. People v. Poole, 105 A.D.3d 654, 963 N.Y.S.2d 259 1st Dept.2013, lv. denied 21 N.Y.3d 863, 2013 WL 4516326 2013 ). The underlying sex crime was committed, under egregious circumstances, during a burglary, and defendant's background includes prior convictions for both a sex crime and a residential burglary. Defendant's pattern of misconduct displays a likelihood of recidivism that outweighs the mitigating factors he cites.
TOM, J.P., MAZZARELLI, RICHTER, GISCHE, JJ., concur.