Opinion
14975 Ind. No. 792/99 Case No. 2019–05010
01-06-2022
The PEOPLE of the State of New York, Respondent, v. Darrell BOLDEN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jillian Lewis of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jillian Lewis of counsel), for respondent.
Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.
Order, Supreme Court, New York County (Robert M. Stoltz, J.), entered on or about July 16, 2019, 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 properly exercised its discretion when it declined to grant a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). To the extent not accounted for by the risk assessment instrument, the mitigating factors cited by defendant were outweighed by the egregiousness of the underlying series of predatory sex crimes against multiple victims. Defendant did not establish that his age makes him unlikely to reoffend (see e. g. People v. Rodriguez, 145 A.D.3d 489, 44 N.Y.S.3d 16 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628943 [2017] ), or that his favorable record of rehabilitation while incarcerated warrants a departure under all the circumstances.