Opinion
01-20-2015
The PEOPLE of the State of New York, Respondent, v. Larry RODRIGUEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jordan K. Hummel of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jordan K. Hummel of counsel), for respondent.
Opinion
Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about November 20, 2013, which adjudicated defendant a level three sexually violent predicate sex offender, pursuant to the Sex Offender Registration Act (Correction Law art. 6–C), unanimously affirmed, without costs.
The court properly exercised its discretion in declining to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant, including his age, did not warrant a departure when viewed in light of defendant's extensive history of recidivism and the violent nature of the underlying crimes.
TOM J.P., SAXE, FEINMAN, CLARK, KAPNICK, JJ., concur.