Opinion
10-26-2017
The PEOPLE of the State of New York, Respondent, v. Julio PIZARRO, Defendant–Appellant.
The Legal Aid Society, New York (Seymour W. James, Jr. of Counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of Counsel), for respondent.
The Legal Aid Society, New York (Seymour W. James, Jr. of Counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of Counsel), for respondent.
Although defendant casts his argument for a modification of his risk level in terms of whether the override for a prior felony sex crime conviction should be "applied," the override applies automatically, except that the court may grant a downward departure (see People v. Howard, 27 N.Y.3d 337, 342, 33 N.Y.S.3d 132, 52 N.E.3d 1158 [2016] ). In any event, there is no basis for a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ), because there are no mitigating actors that were not adequately taken into account by the risk assessment instrument or outweighed by the seriousness of defendant's current and prior sex offenses against children.
TOM, J.P., MANZANET–DANIELS, MAZZARELLI, OING, and SINGH, JJ., concur.