Majority
p. 501The People of the State of New York, Respondent, v Leonard Nesbit, Appellant. [38 NYS3d 793]
Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about November 15, 2012, which adjudicated defendant a level two sex 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]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, and were outweighed by the circumstances of the underlying crime and defendant’s criminal history.
Concur — Mazzarelli, J.P., Sweeny, Acosta, Moskowitz and Gesmer, JJ.
Cases cited
- People v. Gillotti 23 NY3d 841 p. 501