Opinion
No. 2033 Ind No. 1105/10 Case No. 2021-02694
04-11-2024
The People of the State of New York, Respondent, v. Edward Perez, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Sarah Chaudhry of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Larry Glasser of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Sarah Chaudhry of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Larry Glasser of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about July 15, 2021, 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 providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]). Defendant's completion of sex offender treatment and anticipated postrelease support network and employment were adequately taken into account by the risk assessment instrument (see People v Sadagheh, 214 A.D.3d 566 [1st Dept 2023], lv denied 40 N.Y.3d 902 [2023]; People v Palmer, 166 A.D.3d 536, 537 [1st Dept 2018], lv denied 32 N.Y.3d 919 [2019]). Further, defendant has not demonstrated that his claimed support network and employment prospects decreased his particular likelihood of reoffense (see People v Hernandez, 205 A.D.3d 485 [1st Dept 2022]). Defendant's relationship with the victim was also adequately accounted for by the risk assessment instrument (see People v Cook, 29 N.Y.3d 121 [2017]), and we reject his contention that a downward departure is warranted because "intrafamilial sex offenders... have a significantly lower rate of sexual recidivism" (see People v Ogata, 124 A.D.3d 416 [1st Dept 2015], lv denied 25 N.Y.3d 908 [2015]; People v Rodriguez, 67 A.D.3d 596, 597 [1st Dept 2009], lv denied 14 N.Y.3d 706 [2010]). Further, any mitigating factors cited were outweighed by the egregiousness of the continuing offenses committed by defendant against a young child.