Opinion
No. 3282 Ind. No. 6992/88 Case No. 2018-2778
12-17-2024
The People of the State of New York, Respondent, v. Anthony Washington, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.
Before: Kern, J.P., Singh, González, Kennedy, Higgitt, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about October 27, 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 properly assessed 20 points under the risk factor for relationship with victim. The victim's grand jury testimony "permitted a reasonable inference that she and defendant were strangers" (People v Arnold, 126 A.D.3d 463, 464 [1st Dept 2015], lv denied 25 N.Y.3d 910 [2015]; see also People v Postelli, 136 A.D.3d 514 [1st Dept 2016], lv denied 27 N.Y.3d 907 [2016]).
The court also properly assessed 10 points under the risk factor for failure to accept responsibility. Defendant did not genuinely accept responsibility; his statement of remorse at the SORA hearing, nearly 30 years after the offense, conflicted with his prior statements minimizing his responsibility (see People v Solomon, 202 A.D.3d 88, 96-97 [1st Dept 2021], lv denied 38 N.Y.3d 906 [2022]; People v Hutchinson, 132 A.D.3d 606, 606-607 [1st Dept 2015], lv denied 26 N.Y.3d 918 [2016]).
The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant contends that he did not commit any additional sex crimes in the approximately 30 years after his release from custody. However, he had 13 subsequent convictions, including a felony conviction, which indicates an "inability to control his behavior" (People v McCormick, 129 A.D.3d 644, 644 [1st Dept 2015], lv denied 26 N.Y.3d 908 [2015]). He also failed to show that, in his particular circumstances, his age warranted a downward departure (see People v Bulina, 205 A.D.3d 526, 526 [1st Dept 2022], lv denied 38 N.Y.3d 914 [2022]). In any event, these factors are outweighed by the seriousness of the violent sex crime he committed at knifepoint.