Opinion
13626 Ind. No. 5051/16 Case No. 2019-03621
04-22-2021
The PEOPLE of the State of New York, Respondent, v. Jeffrey TAYLOR, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.
Order, Supreme Court, New York County (Ellen N. Biben, J.), entered on or about June 14, 2019, 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 properly 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 presumptive override for a prior sex offense does not overassess defendant's risk of reoffense. The mitigating factors defendant cites were adequately taken into account by the guidelines or are outweighed by aggravating factors, including defendant's history of numerous sex offense convictions, as well as the fact that at the time of the underlying crime he had already been designated a level three sexually violent offender on an earlier conviction ( 154 A.D.3d 524, 61 N.Y.S.3d 881 [1st Dept. 2017], lv denied 30 N.Y.3d 909, 2018 WL 326938 [2018] ).