Majority
p. 588The People of the State of New York, Respondent, v Chauncy James, Appellant. [959 NYS2d 910]
Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered November 18, 2011, 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 exercised its discretion in denying defendant’s application for a downward departure (see People v Cintron, 12 NY3d 60 , 70 [2009], cert denied sub nom. Knox v New York 558 US 1011 [2009]; People v Mingo, 12 NY3d 563 , 568 n 2 [2009]). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instru
p. 589
ment, and were outweighed by the seriousness of the underlying sex crimes against a child (see e.g. People v Melendez, 83 AD3d 448 [1st Dept 2011]). Although defendant describes his sexual relationship with the victim as consensual, we note that it began when the victim was only 11 years old. Concur—Tom, J.P., Sweeny, Renwick, Abdus-Salaam and Manzanet-Daniels, JJ.
Cases cited
- People v. Knox 12 NY3d 60 at 70 p. 588
- People v. Mingo 12 NY3d 563 at 568 p. 588
- People v. Melendez 83 AD3d 448 p. 589