Opinion
6467 Ind. 1104/13
05-03-2018
The PEOPLE of the State of New York, Respondent, v. Richard LORENZO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Waleska Suero Garcia of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Waleska Suero Garcia of counsel), for respondent.
Acosta, P.J., Friedman, Manzanet–Daniels, Kapnick, Kern, JJ.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about August 24, 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] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying crime. Defendant's low score on the Static–99R 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, 52 N.Y.S.3d 293, 74 N.E.3d 678 [2017] ).