Opinion
2013-05598.
03-23-2016
PEOPLE of State of New York, respondent, v. Aaron TAYLOR, appellant.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and John F. McGoldrick of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and John F. McGoldrick of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated April 25, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the defendant's application for a downward departure from his presumptive designation as a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6–C; hereinafter SORA). The defendant failed to demonstrate the existence of a mitigating factor of a kind or to a degree not otherwise taken into account by the SORA Guidelines that warranted a downward departure from his presumptive risk level designation (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 2006; People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Nowicki, 133 A.D.3d 732, 732–733, 19 N.Y.S.3d 175; People v. Shelton, 126 A.D.3d 959, 960, 6 N.Y.S.3d 121).
DILLON, J.P., CHAMBERS, DICKERSON and BARROS, JJ., concur.