Opinion
10400 Ind. 1010/11
11-21-2019
The PEOPLE of the State of New York, Respondent, v. Jose Luis GRAU–ARANGO, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Gische, Webber, Kern, JJ.
Order, Supreme Court, New York County (Michael R. Sonberg, J.), entered on or about December 14, 2016, which adjudicated defendant a level two sexually violent 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 taken into account by the risk assessment instrument and were found not to be outweighed by the seriousness of the underlying crime, in which defendant engaged in a course of sexual conduct over a period of years with a young child.