Opinion
14989 SCI No. 1026/19 Case No. 2021–00806
01-06-2022
The PEOPLE of the State of New York, Respondent, v. Juan ROSARIO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Camilla Hsu of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Catherine Read of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Camilla Hsu of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Catherine Read of counsel), for respondent.
Kern, J.P., Mazzarelli, Gesmer, Gonza´lez, Higgitt, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 15, 2021, which adjudicated defendant a level three 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 when it declined to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the gravity of the underlying crime, which was committed over a period of five years against defendant's young stepdaughter. Defendant failed to establish that his age and health problems have reduced his risk of reoffense to an extent warranting a downward departure (see e. g. People v. Sudderth, 171 A.D.3d 593, 96 N.Y.S.3d 852 [1st Dept. 2019], lv denied 33 N.Y.3d 913, 2019 WL 4267890 [2019] ).