Opinion
8630 Ind. 2644/04
03-07-2019
The PEOPLE of the State of New York, Respondent, v. David GARRAY, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Valerie Figueredo of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Valerie Figueredo of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Tom, Kahn, Gesmer, JJ.
Order Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about October 16, 2014, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court's assessment of 20 points under the risk factor for relationship (stranger) with the victim was supported by clear and convincing evidence. The documents before the court, including the case summary, contained facts that would make no sense if defendant had been acquainted with the victims (see People v. Corn , 128 A.D.3d 436, 437, 8 N.Y.S.3d 322 [1st Dept. 2015] ).
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 outweighed in any event by the seriousness of the underlying offenses.