Opinion
8132 Ind. 2909/16
01-17-2019
The PEOPLE of the State of New York, Respondent, v. Jonathan ESPINAL–DIAZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Gische, Mazzarelli, Kahn, JJ.
Order, Supreme Court, New York County (Ellen N. Biben, J.), entered on or about October 20, 2017, which adjudicated defendant a level two sex 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] ). The mitigating factors cited by defendant were adequately taken into account and were outweighed by the seriousness of the underlying sex offenses against children aged 14 and 10.