Opinion
7983 Ind. 1742/09
01-03-2019
The PEOPLE of the State of New York, Respondent, v. Antonio VILLAFANE, Defendant-Appellant.
The Legal Aid Society, New York (Justine M. Luongo of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
The Legal Aid Society, New York (Justine M. Luongo of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
Friedman, J.P., Richter, Gesmer, Kern, Moulton, JJ.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about March 12, 2015, which adjudicated defendant a level three 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 (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 outweighed by the egregious circumstances of the underlying offense, as well as defendant's prior sex offense against another child.