Opinion
15227 SCID No. 99016/20 Case No. 2020–04738
02-03-2022
The PEOPLE of State of New York, Respondent, v. Christopher IRLANDA, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Rutkin–Becker of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Morgan Namian of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Rutkin–Becker of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Morgan Namian of counsel), for respondent.
Manzanet–Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about October 30, 2020, which adjudicated defendant a level two 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] ). The mitigating factors cited by defendant were adequately taken into account by the guidelines or were outweighed by the seriousness of the underlying offense against a child, as well as defendant's extensive criminal history (see People v. Ramos, 199 A.D.3d 423, 153 N.Y.S.3d 866 [1st Dept. 2021] ). "Furthermore, defendant has provided little evidence of his claimed mitigating factors that would corroborate assertions by himself or his attorney" ( id. at 424, 153 N.Y.S.3d 866 ). Although defendant was subject to a lengthy period of probation, we do not find that to be a significant mitigating factor, particularly because defendant committed the underlying sex crime while he was already on probation from a prior conviction (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] ).