Opinion
7413 Ind. 2466/06
10-23-2018
The PEOPLE of the State of New York, Respondent, v. Lina SINHA, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Camilla Hsu of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Camilla Hsu of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Renwick, J.P., Richter, Kahn, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Melissa C. Jackson, J.), entered on or about March 6, 2017, which adjudicated defendant a level two 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 ( People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors advanced by defendant were taken into account by the risk assessment instrument, and did not outweigh the seriousness of the underlying sex crimes against defendant's student over the course of many years, her retaliatory conduct when her victim ended the sexual relationship, and her abuse of her position as an administrator and teacher at the victim's school.