Opinion
8710 SCI 30205/15
03-14-2019
The PEOPLE of the State of New York, Respondent, v. Chad DWORKOWITZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Richter, J.P., Gische, Kern, Moulton, JJ.
Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about January 8, 2016, which adjudicated defendant a level two sex 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 a downward departure (see People v. Gillotti , 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ), in light of its legitimate concerns regarding defendant's criminal history. That history included, among other things, violations of the probation-like sentence defendant received in another state for the underlying sex crime, resulting in revocation of that sentence, as well as a conviction for failing to register as a sex offender.