Opinion
9724–9724A Ind. 263/14
06-25-2019
The PEOPLE of the State of New York, Respondent, v. Victor ESTRELLA, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Matthew Bovo of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Matthew Bovo of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Gische, J.P., Tom, Kapnick, Kern, Moulton, JJ.
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered July 21, 2016, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him to a term of 3½ years, with 15 years' postrelease supervision, unanimously affirmed, without costs. Order, same court and Justice, entered on or about December 20, 2016, 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.
As to the appeal from the judgment of conviction, we find that defendant made a valid waiver of his right to appeal. Even if he did not, we perceive no basis for reducing the term of postrelease supervision.
As to defendant's civil appeal from his sex offender adjudication, we conclude that 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 or outweighed by the seriousness of the underlying offense against a child.