Opinion
8653 Ind. 4568/09
03-07-2019
The PEOPLE of the State of New York, Respondent, v. Guillermo CISNEROS, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), for respondent.
Friedman, J.P., Sweeny, Richter, Oing, Moulton, JJ.
Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about March 29, 2017, 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 providently exercised its discretion when it declined to grant defendant's request 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] ). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument or that outweighed the seriousness of the underlying sexual conduct. Defendant's favorable score on the Static–99 test had only limited probative value (see People v. Rodriguez, 145 A.D.3d 489, 490, 44 N.Y.S.3d 16 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628943 [2017] ).