Opinion
10-14-2014
The PEOPLE of the State of New York, Respondent, v. Burton MASKOW, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Opinion Order, Supreme Court, New York County (Patricia Nunez, J.), entered February 5, 2013, which adjudicated defendant a level two sexually violent offender under the Sex Offender Registration Act (Correction Law art. 6–C), unanimously affirmed, without costs.
Regardless of whether defendant's correct point score is 105 points or, as he claims, 95 points, the court properly exercised its discretion in declining to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 851, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ; People v. Cintron, 12 N.Y.3d 60, 70, 875 N.Y.S.2d 828, 903 N.E.2d 1149 [2009], cert. denied 558 U.S. 1011, 130 S.Ct. 552, 175 L.Ed.2d 382 [2009] ; People v. Johnson, 11 N.Y.3d 416, 421, 872 N.Y.S.2d 379, 900 N.E.2d 930 [2008] ). Given the seriousness of the underlying crime, defendant's flight from the United States for four years, his disciplinary history while incarcerated and his failure to take responsibility, his advanced age did not warrant a downward departure.
FRIEDMAN, J.P., MOSKOWITZ, FEINMAN, GISCHE, KAPNICK, JJ., concur.