Opinion
10738 SCI 99026/18
01-07-2020
The PEOPLE of the State of New York, Respondent, v. Okami LANDA, Defendant–Appellant.
Robert S. Dean, Brooklyn, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Robert S. Dean, Brooklyn, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Kapnick, Oing, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about August 31, 2018, 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 People demonstrated by clear and convincing evidence aggravating factors that correlate with a risk of reoffense to justify the court's upward departure (see People v. Gillotti , 23 N.Y.3d 841, 861–862, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The evidence establishes, among other things, that defendant was in possession of numerous videos and images of child pornography, and that he had spliced preferred content onto a compilation DVD for masturbatory purposes. In addition, the evaluating psychiatrist found that defendant will continue to possess cognitive distortions that present a moderate risk for seeking child pornography in the future.
The mitigating factors cited by defendant have already been accounted for in the risk assessment instrument, or are outweighed by the seriousness of defendant's conduct (see People v. Ryan , 157 A.D.3d 463, 66 N.Y.S.3d 440 [1st Dept. 2018], lv. denied 31 N.Y.3d 904, 2018 WL 1957488 [2018] ; People v. Velasquez , 143 A.D.3d 583, 40 N.Y.S.3d 60 [1st Dept. 2016], lv denied 28 N.Y.3d 914, 2017 WL 525560 [2017] ).