Appellate Division of the Supreme Court of New York, 2015

People v. Correnti

People v. Correnti
Appellate Division of the Supreme Court of New York · Decided December 29, 2015
134 A.D.3d 635; 21 N.Y.S.3d 613
People v. Correnti

Opinion

Order, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), entered on or about June 24, 2013, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 10 points for unsatisfactory conduct while confined, particularly since one of defendant’s tier III infractions suggested a specific risk of reoffense.

The court properly exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 NY3d *636 841 [2014]). The cited mitigating factors were adequately taken into account by the guidelines, or were outweighed by the seriousness and extent of defendant’s sex crimes against children. Concur — Friedman, J.P., Acosta, Andrias and Richter, JJ.

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