Opinion
7416 Ind. 4808/07
10-23-2018
The PEOPLE of the State of New York, Respondent, v. Rafael SANTIAGO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.
Renwick, J.P., Richter, Kahn, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about September 13, 2017, 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] ). Defendant's completion of numerous vocational programs was already taken into account by the risk assessment instrument, and the other mitigating factors cited by defendant were outweighed by the egregiousness of the underlying crime.