Opinion
10432 Ind. 5904/12
11-21-2019
The PEOPLE of the State of New York, Respondent, v. Mohd Norazam MUHAMMAD, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Friedman, J.P., Renwick, Oing, Singh, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about October 26, 2017, 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's assessment of 15 points for causing physical injury was supported by clear and convincing evidence. The victim's grand jury testimony and medical records demonstrated that, in two violent sexual assaults, defendant caused physical injury (see People v. Chiddick, 8 N.Y.3d 445, 447–448, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ; People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994] ).
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 risk assessment instrument and were outweighed, in any event, by the seriousness of the underlying offense.