Opinion
18 SCI. No. 3455/13 Case No. 2018–2210
04-11-2023
The PEOPLE of the State of New York, Respondent, v. Juan MEDINA, Defendant–Appellant.
Janet E. Sabel, the Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.
Janet E. Sabel, the Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.
Kapnick, J.P., Kern, Friedman, Gesmer, Higgitt, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 19, 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 court providently exercised its discretion in declining to grant a downward departure (see generally 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 against a 12–year–0ld child. There was nothing exceptional about defendant's response to sex offender and substance abuse treatment, or his disciplinary record (see e. g. People v. Palmer, 166 A.D.3d 536, 86 N.Y.S.3d 717 [1st Dept. 2018], lv denied 32 N.Y.3d 919, 2019 WL 1409867 [2019] ; People v. Watson, 112 A.D.3d 501, 502–503, 977 N.Y.S.2d 24 [1st Dept. 2013], lv denied 22 N.Y.3d 863, 2014 WL 702166 [2014] ), and defendant has not shown that his age reduced his individual risk of reoffense to a degree that would warrant a departure.