Opinion
13444 Ind. No. 4308/01 Case No. 2019-05043
03-25-2021
The PEOPLE of the State of New York, Respondent, v. Edwin FELICIANO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Franklin R. Guenthner of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Franklin R. Guenthner of counsel), for respondent.
Manzanet–Daniels, J.P., Kern, Moulton, Shulman, JJ.
Order, Supreme Court, New York County (Cassandra M. Mullen, J.), entered on or about October 31, 2019, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The record supports the court's discretionary upward departure based on defendant's extensive criminal history, which, among other things, included four additional first-degree rape convictions that the risk assessment instrument did not take into account because the convictions occurred after the conviction in the underlying case ( see e. g. People v. Wright, 185 A.D.3d 506, 125 N.Y.S.3d 556 [1st Dept. 2020] ). Defendant's very extensive history of violent sexual assaults outweighed the mitigating factors he cites, including his positive response to treatment ( see e. g. People v. Fair, 157 A.D.3d 645, 67 N.Y.S.3d 469 [1st Dept. 2018], lv denied 31 N.Y.3d 906, 2018 WL 2055746 [2018] ).