Opinion
14921 Ind. No. 3281/07 Case No. 2017–2973
12-28-2021
The PEOPLE of the State of New York, Respondent, v. David VINASCO, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Webber, J.P., Mazzarelli, Gesmer, Gonza´lez, Rodriguez, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about June 2, 2017, 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 in declining 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] ). To the extent that any of the mitigating factors relied on by defendant were not fully accounted for in the risk assessment instrument, they were outweighed by the egregiousness of defendant's conduct, committed against a child over a 17–month period. Defendant has not demonstrated that his age, his health problems or his plan to live with his sister have reduced his risk of reoffense to an extent warranting a downward departure.