Majority
p. 547The People of the State of New York, Respondent, v Danny Fuentes, Appellant. [41 NYS3d 893]
Order, Supreme Court, Bronx County (Denis J. Boyle, J.), entered December 16, 2014, 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 providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). We do not find that there were any overassess-ments of points. Although the underlying sex crime against a child only resulted in a misdemeanor conviction, the circumstances of the crime were nevertheless serious, and they outweighed the mitigating factors defendant cites.
Concur— Acosta, J.P., Andrias, Moskowitz, Gische and Webber, JJ.
Cases cited
- People v. Gillotti 23 NY3d 841 p. 547