Opinion
No. 16662 Ind. No. 2324/15 Case No. 2019-1875
11-15-2022
The People of the State of New York, Respondent, v. Leon Tugwell, Defendant-Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Lawrence T. Hausman of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Lawrence T. Hausman of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Webber, Mazzarelli, Friedman, Shulman, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 25, 2019, 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 [2014]). There is no basis for a downward departure, given the seriousness of the underlying conduct, committed against a child. Defendant has not shown that his deportation to Jamaica would result in such a reduced risk to public safety as to warrant a downward departure (see e.g. People v Guaman, 136 A.D.3d 605 [1st Dept 2016], lv denied 27 N.Y.3d 905 [2016]; People v Zepeda, 124 A.D.3d 417 [1st Dept 2015], lv denied 25 N.Y.3d 902 [2015]). The other alleged mitigating factors do not warrant a departure. There was nothing exceptional about defendant's routine completion of sex offender and alcohol abuse treatment programs.