Opinion
601 Ind. No. 1814/18 Case No. 2022-02024
09-26-2023
The PEOPLE of the State of New York, Respondent, v. James BULWER, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Meghan McLoughlin of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Meghan McLoughlin of counsel), for respondent.
Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.
Order, Supreme Court, New York County (Laura A. Ward, J.), entered on or about April 19, 2022, which adjudicated defendant a risk level two 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 generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). Defendant, who was 55 years old at the time of the underlying offense, did not demonstrate that he posed a lower risk of reoffense due to his age (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, 2017 WL 628943 [2017] ). The other mitigating factors defendant cites were adequately taken into account by the risk assessment instrument, and all the alleged mitigating factors are outweighed by the seriousness of the underlying offense (see People v. Etheridge, 149 A.D.3d 446, 446, 49 N.Y.S.3d 625 [1st Dept. 2017], lv denied 29 N.Y.3d 912, 2017 WL 2467678 [2017] ).