Opinion
11693 Ind. 1380/14
06-25-2020
The PEOPLE of the State of New York, Respondent, v. Cesar HAINES, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Friedman, J.P., Richter, Gesmer, Oing, Singh, JJ.
Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about April 20, 2018, which adjudicated defendant a level three sexually violent predicate 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] ). Defendant, who was convicted of sex crimes against children in both the underlying case and a prior case, fails to demonstrate how the mitigating factors he cites would reduce his risk of reoffending or causing danger to the community. Although defendant will be subject to a lengthy period of postrelease supervision, we do not find that circumstance to warrant a departure (see People v. Lewis, 143 A.D.3d 604, 40 N.Y.S.3d 374 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628759 [2017].