Opinion
16991 Ind. No. 3626/16 Case No. 2019–5497
12-29-2022
The PEOPLE of the State of New York, Respondent, v. Habiel MORALES, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Kern, J.P., Kennedy, Scarpulla, Pitt–Burke, Higgitt, JJ.
Order, Supreme Court, Bronx County (Jeanette Rodriguez–Morick, J.), entered on or about June 6, 2019, which adjudicated defendant a level three 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 alleged mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v. Wright, 208 A.D.3d 1112, 175 N.Y.S.3d 57 [1st Dept. 2022] ), or were outweighed by the seriousness of the underlying offense against a young child and defendant's criminal record (see e.g. People v. Ramos, 199 A.D.3d 423, 153 N.Y.S.3d 866 [1st Dept. 2021], lv denied 38 N.Y.3d 903, 2022 WL 839442 [2022] ).