Opinion
13371 Ind. No. 3011/08 Case No. 2016-02965
03-18-2021
The PEOPLE of the State of New York, Respondent, v. Mario SOLANO, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Acosta, P.J., Gische, Webber, Gonza´lez, JJ.
Order, Supreme Court, Bronx County (Michael A. Gross, J.), entered on or about October 21, 2016, 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] ). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or otherwise would not support a departure, particularly in light of the seriousness of the underlying sex crime against a young child (see People v. Zepeda, 124 A.D.3d 417, 418, 997 N.Y.S.2d 626 [1st Dept. 2015] lv denied 25 N.Y.3d 902, 2015 WL 1423460 [2015] ; People v. Ogata, 124 A.D.3d 416, 998 N.Y.S.2d 189 [1st Dept. 2015], lv denied 25 N.Y.3d 908, 2015 WL 2237492 [2015] ; see also People v. Rodriguez, 145 A.D.3d 489, 490, 145 A.D.3d 489 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628943 [2017] ).