Opinion
3692, 4297/02.
04-13-2017
The PEOPLE of the State of New York, Respondent, v. Jose COLON, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Désirée Sheridan of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Désirée Sheridan of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
FRIEDMAN, J.P., RICHTER, MAZZARELLI, FEINMAN, GISCHE, JJ.
Order, Supreme Court, Bronx County (Alberto Lorenzo, J.), entered November 19, 2014, adjudicating defendant a level three predicate sex offender under 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] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, and were in any event outweighed by the extreme seriousness of the underlying sex crimes, as well as defendant's extensive record of sexual recidivism.