Opinion
2021-06815 Ind 1313/2009
12-07-2021
The People of the State of New York, Respondent, v. Juan Lopez, Defendant-Appellant. Appeal No. 14773 No. 2019-03575
Robert S. Dean, Center for Appellate Litigation, New York (Lauren J. Springer of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Meghan McLoughlin of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren J. Springer of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Meghan McLoughlin of counsel), for respondent.
Before: Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about May 2, 2019, 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 defendant's request for a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument, or that outweigh the seriousness of the underlying sexual abuse committed over several years against two very young girls. Defendant submitted no proof that his age and medical condition would reduce his likelihood of reoffending (see People v Medina, 189 A.D.3d 588 [1st Dept. 2020], lv denied 36 N.Y.3d 913 [2021]). Defendant's favorable Static-99 score had only limited probative value (see People v Rodriguez, 145 A.D.3d 489, 490 [1st Dept 2016], lv denied 28 N.Y.3d 916 [2017]).