Opinion
16993 Ind. No. 3045/99 Case No. 2018-631
12-29-2022
The PEOPLE of the State of New York, Respondent, v. Kevin FULLER, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Ying–Ying Ma of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (David M. Cohn of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Ying–Ying Ma of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (David M. Cohn of counsel), for respondent.
Kern, J.P., Kennedy, Scarpulla, Pitt–Burke, Higgitt, JJ.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about October 11, 2016, which, after a hearing, adjudicated defendant a level three sexually violent predicate 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] ). The mitigating factors cited by defendant were taken into account in the risk assessment instrument or outweighed by the dangerous propensity demonstrated by the egregiousness of the underlying crime and defendant's history of sex crimes (see e.g. People v. Delgado, 130 A.D.3d 484, 11 N.Y.S.3d 855 [1st Dept. 2015], lv denied 26 N.Y.3d 909, 20 N.Y.S.3d 544, 42 N.E.3d 214 [2015] ).