Majority
p. 471The People of the State of New York, Respondent, v Manolo Calderon, Appellant. [986 NYS2d 484]
Order, Supreme Court, New York County (Renee A. White, J.), entered December 11, 2012, 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 declining to grant a downward departure (see People v Cintron, 12 NY3d 60 ,
p. 472
70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416 , 421 [2008]). Defendant did not demonstrate any mitigating factors, not already taken into account in the risk assessment instrument, that would warrant a downward departure, given the egregiousness of defendant’s sexual offenses. We have considered and rejected defendant’s remaining arguments.
Concur—Gonzalez, P.J., Sweeny, Moskowitz, Freedman and Kapnick, JJ.
Cases cited
- People v. Knox 12 NY3d 60 p. 471
- People v. Johnson 11 NY3d 416 at 421 p. 472