Majority
p. 532The People of the State of New York, Respondent, v Johnelle Perez, Appellant. [38 NYS3d 803]
Order, Supreme Court, New York County (Eduardo Padró, J.), entered on or about May 7, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
p. 533
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 risk assessment instrument or outweighed by aggravating factors, including the seriousness of the underlying offense.
Concur — Tom, J.P., Renwick, Manzanet-Daniels, Gische and Webber, JJ.
Cases cited
- People v. Gillotti 23 NY3d 841 p. 533