Opinion
No. 17565 Ind. No. 793/08 Case No. 2021-00581
03-23-2023
The People of the State of New York, Respondent, v. Torkieh Sadagheh, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Nathan Shi of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Nathan Shi of counsel), for respondent.
Before: Renwick, A.P.J., Friedman, Scarpulla, Mendez, Rodriguez, JJ.
Order, Supreme Court, New York County (Thomas Farber, J.), entered on December 9, 2020, 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 generally People v Gillotti, 23 N.Y.3d 841, 861 [2014]). Defendant's completion of educational programming and vocational training, and his anticipated postrelease familial support and employment, were adequately taken into account by the risk assessment instrument (see e.g. People v Morales, 197 A.D.3d 1051 [1st Dept 2021]). Defendant also did not establish that his social support system and age decreased his particular likelihood of reoffense (see People v Rodriguez, 145 A.D.3d 489, 490 [1st Dept 2016], lv denied 28 N.Y.3d 916 [2017]). In any event, these mitigating factors were outweighed by the seriousness of the underlying crimes, which involved defendant posing as a cab driver and sexually assaulting women in his car.