Opinion
01-26-2017
The PEOPLE of the State of New York, Respondent, v. Albert CARLO, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), rendered September 10, 2014, which adjudicated defendant a level two sexually violent 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 People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ), in light of the seriousness of the underlying sex crime, committed with the use of force on a related minor, and defendant's prior criminal history, which includes a violent felony conviction. Defendant failed to elaborate on his medical conditions or present any detailed evidence to suggest that a level two adjudication overassesses his dangerousness and risk of sexual recidivism (id. at 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 ). We have considered and rejected defendant's remaining arguments for a downward departure.
ACOSTA, J.P., MAZZARELLI, FEINMAN, WEBBER, JJ., concur.