Opinion
15313 Ind. No. 99031/17 Case No. 2017–03181
02-15-2022
The PEOPLE of the State of New York, Respondent, v. Robert MYLES, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.
Kern, J.P., Oing, Singh, Moulton, Gonza´lez, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 15, 2017, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court properly assessed points under factors 3 and 7, because the children depicted in the pornography possessed by defendant constituted multiple victims, and because they were strangers to defendant (see People v. Gillotti, 23 N.Y.3d 841, 854–860, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ; People v. Labarbera, 140 A.D.3d 463, 464, 37 N.Y.S.3d 2 [1st Dept. 2016], lv denied 28 N.Y.3d 902, 2016 WL 4742524 [2016] ). The court also providently exercised its discretion in declining to grant a downward departure (see Gillotti, 23 N.Y.3d at 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 ). The mitigating factors identified by defendant were either already taken into account by the risk assessment instrument or were outweighed by the seriousness and extent of the offense and by circumstances such as that defendant continued to possess child pornography even after being warned against it and undergoing therapy.