Opinion
No. 16694 Ind No. 925/08 Case No. 2020-02278
11-17-2022
The People of the State of New York, Respondent, v. Herbert Williams, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Alma D. Gonzalez of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Stephanie L. Nelson of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Alma D. Gonzalez of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Stephanie L. Nelson of counsel), for respondent.
Before: Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.
Order, Supreme Court, Bronx County (Judith Lieb, J.) entered on or about March 5, 2020, 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 correctly assessed 15 points under the risk factor for drug abuse (see People v Ramos, 171 A.D.3d 483, 484 [1st Dept 2019], lv denied 33 N.Y.3d 912 [2019]; People v Greene, 154 A.D.3d 583 [1st Dept 2017], lv denied 30 N.Y.3d 913 [2018]).
The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841, 861-864 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines or outweighed by the seriousness of the underlying crime. We note that defendant's claims of rehabilitation while he was incarcerated are undermined by his unsatisfactory prison disciplinary record.