Opinion
9276 Ind. 5770/02
05-09-2019
The PEOPLE of the State of New York, Respondent, v. ALFRED M., Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Friedman, J.P., Renwick, Kapnick, Kahn, Oing, JJ.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about November 9, 2016, 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, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). We do not find that there was any overassessment of points for defendant's prior criminal history. The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by aggravating factors, including the gravity of the underlying crimes, committed against children. Defendant has not demonstrated that his age and employment history would prevent him from committing similar crimes.
The record fails to support defendant's claim that the court based its denial of a departure on matters outside the record.