Opinion
5960 SCID 30154/14
03-13-2018
The PEOPLE of the State of New York, Respondent, v. Russell MANN, Defendant–Appellant.
The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
Friedman, J.P., Andrias, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about October 28, 2014, which adjudicated defendant a level three 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 in denying defendant's application for 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 was a presumptive level three offender by virtue of both his score on the risk assessment instrument and a presumptive override based on his previous rape conviction. Based on the violent and heinous nature of his sexual criminality, none of the considerations asserted by defendant warranted a conclusion that a level three adjudication would constitute an overassessment of his dangerousness and risk of reoffense.