Appellate Division of the Supreme Court of New York, 2015

People v. Alvarado

People v. Alvarado
Appellate Division of the Supreme Court of New York · Decided October 20, 2015 · Gonzalez, Mazzarelli, Richter, Manzanetdaniels
132 A.D.3d 517; 17 N.Y.S.3d 852
People v. Alvarado

Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered May 7, 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 properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s lack of prior offenses and his completion of sex offender treatment were adequately accounted for by the risk assessment instrument, and none of the mitigating factors cited by defendant outweigh the seriousness of his crimes, which were committed against young teenagers. We have considered and rejected defendant’s remaining claims.

Concur — Gonzalez, P.J., Mazzarelli, Richter and ManzanetDaniels, JJ.

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