Opinion
Appeal No. 14998 Ind No. 2284/17Case No. 2020-02975
01-06-2022
The People of the State of New York, Respondent, v. Joseph Saldana, Defendant-Appellant. Appeal No. 14998 No. 2020-02975
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.
Before: Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.
Order, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), entered on or about May 29, 2020, which adjudicated defendant a level three sexually violent sex 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, 861 [2014]). The mitigating factors cited by defendant were adequately accounted for by the risk assessment instrument, were not so exceptional as to warrant a departure, or were outweighed by the seriousness of the underlying crime, which involved sexual offenses against a child over an extended period of time starting when she was seven years old. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.