Opinion
11725 Ind. 3892/15
06-25-2020
The PEOPLE of the State of New York, Respondent, v. Edward RUIZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
Renwick, J.P., Mazzarelli, Webber, Kern, Moulton, JJ.
Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about March 8, 2019, 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 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] ). We do not find any overassessment of points for risk factors claimed by defendant to be related to his prior drug abuse, because the factors at issue are relevant to defendant's risk of sexual recidivism. The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or otherwise did not warrant a departure.