Opinion
1134 Ind. No. 462/17 Case No. 2021–04211
11-30-2023
The PEOPLE of the State of New York, Respondent, v. Marvin WILLIAMS, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Mariel R. Stein of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Mariel R. Stein of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about November 12, 2021, 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.
The court providently exercised its discretion in declining a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant—his lack of a disciplinary record while incarcerated, participation in a sex offender treatment program, and family support—were adequately accounted for by the risk assessment instrument (see People v. Williams, 216 A.D.3d 438, 439, 189 N.Y.S.3d 107 [1st Dept. 2023], lv denied 40 N.Y.3d 904, 2023 WL 6153400 [2023] ; People v. Harripersaud, 198 A.D.3d 542, 542, 152 N.Y.S.3d 815 [1st Dept. 2021], lv denied 38 N.Y.3d 902, 2022 WL 839235 [2022] ). Moreover, defendant failed to establish that his participation in sex offender treatment was so "exceptional" as to warrant a departure (see People v. Alcantara, 154 A.D.3d 532, 532, 61 N.Y.S.3d 883 [1st Dept. 2017], lv denied 30 N.Y.3d 908, 2018 WL 326534 [2018] ) or demonstrate how having support from his family established a lower likelihood of reoffense or danger to the community (see People v. Stuckey, 174 A.D.3d 454, 455, 101 N.Y.S.3d 846 [1st Dept. 2019] ).