Opinion
2015-07-09
The PEOPLE of the State of New York, Respondent, v. Raymond SANFORD, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Nicholas Schumann–Ortega of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Nicholas Schumann–Ortega of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
GONZALEZ, P.J., FRIEDMAN, RENWICK, MOSKOWITZ, CLARK, JJ.
Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered September 16, 2013, 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 presented clear and convincing evidence supporting the assessment of 20 points under the risk factor for number of victims ( see People v. Mingo, 12 N.Y.3d 563, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009] ). Defendant's plea covered similar and related conduct committed against at least one additional victim, which supported the hearing court's finding that there were two victims for purposes of this risk factor. The additional conduct was uncharged, but was reflected in a reliable police report ( see People v. Epstein, 89 A.D.3d 570, 933 N.Y.S.2d 239 [1st Dept.2011]; People v. Johnson, 77 A.D.3d 548, 909 N.Y.S.2d 716 [1st Dept.2010], lv. denied 16 N.Y.3d 705, 2011 WL 536611 [2011] ).
The court providently exercised its discretion in declining to grant a downward departure to level one, since the alleged mitigating factors were outweighed by, among other things, defendant's repeated acts of subjecting women who lived in his building to sexual contact, and his extensive criminal record ( see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ).