Opinion
5861 Ind. 2098/12
03-01-2018
The PEOPLE of the State of New York, Respondent, v. Carlos BONILLA, Defendant–Appellant.
The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
Acosta, P.J., Friedman, Richter, Kapnick, JJ.
Order, Supreme Court, Bronx County (James M. Kindler, J.), entered on or about April 24, 2014, 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 felony complaint and case summary provided clear and convincing evidence supporting an assessment of points for a continuing course of sexual misconduct (see People v. Balic, 12 N.Y.3d 563, 576–577, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009] ). The court also correctly assessed points for a second victim. Defendant's conduct with the additional victim was clearly for the purpose of sexual gratification, when viewed in the context of defendant's contemporaneous course of conduct toward the first victim.
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] ). Defendant's age and health problems did not warrant a conclusion that he was unlikely to reoffend (see e.g. People v. Diaz, 143 A.D.3d 552, 553, 39 N.Y.S.3d 151 [1st Dept. 2016] ), and these alleged mitigating factors were outweighed in any event by the seriousness of defendant's offenses against children.