Opinion
9667 Ind. 3264/05
06-18-2019
The PEOPLE of the State of New York, Respondent, v. Glenn JENKINS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Gische, J.P., Webber, Kahn, Kern, JJ.
Order, Supreme Court, New York County (Gilbert C. Hong, J.), entered on or about March 13, 2018, 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 court providently exercised its discretion when it declined to grant 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, while significant, were adequately taken into account by the risk assessment instrument or were outweighed by the extreme seriousness of the underlying crime and defendant's prior criminal history, which indicated a danger that a reoffense by defendant would cause a high degree of harm (see e. g. People v. Roldan, 140 A.D.3d 411, 30 N.Y.S.3d 871 [1st Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 5001245 [2016] ).
Defendant's challenge to the procedure used by the court in making its determination is unpreserved and without merit (see People v. Diaz, 143 A.D.3d 552, 39 N.Y.S.3d 429 [1st Dept. 2016] ).