Appellate Division of the Supreme Court of New York, 2015

People v. Ortega

People v. Ortega
Appellate Division of the Supreme Court of New York · Decided December 3, 2015
134 A.D.3d 441; 19 N.Y.S.3d 740
People v. Ortega

Opinion

Order, Supreme Court, New York County (Eduardo Padro, J.), entered on or about on June 19, 2014, which adjudicated defendant a level two sexually violent felony 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, or did not warrant a downward departure under the totality of the circumstances. In particular, defendant has not established that his age (47 at the time of the hearing) indicates a low risk of reoffense. Concur — Tom, J.P., Sweeny, Andrias and Gische, JJ.

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