Majority
p. 417The People of the State of New York, Respondent, v Jorge Zepeda, Appellant. [997 NYS2d 626]—
p. 418
Order, Supreme Court, New York County (Michael R. Sonberg, J.), entered on or about September 12, 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). There is no basis for a downward departure, given the seriousness of the underlying conduct, committed against a child. There is no merit to defendant’s argument that his deportation to Mexico resulted in such a reduced risk to public safety as to warrant a downward departure (see e.g. People v Kachalov, 106 AD3d 973 [2d Dept 2013], lv denied 21 NY3d 863 [2013]).
Concur — Mazzarelli, J.E, DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.
Cases cited
- People v. Gillotti 23 NY3d 841 p. 418