Opinion
7295–7295A SCID 30216/16, 30217/16
10-11-2018
The PEOPLE of the State of New York, Respondent, v. Monserrate RODRIGUEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett, Brooklyn, of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett, Brooklyn, of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Sweeny, J.P., Tom, Gesmer, Kern, Moulton, JJ.
Orders, Supreme Court, New York County (Felicia A. Mennin, J.), entered on or about March 30, 2017, which adjudicated defendant a level three sex 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, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant were adequately accounted for in the risk assessment instrument, and were in any event outweighed by the seriousness of the underlying crimes, as well as defendant's extensive criminal record and pattern of sexual recidivism against children, which this Court noted on defendant's appeal from another sex offender adjudication ( 122 A.D.3d 538, 997 N.Y.S.2d 409 [1st Dept. 2014], lv denied 24 N.Y.3d 915, 1221, 4 N.Y.S.3d 601, 609, 28 N.E.3d 37, 45 [2015] ).