Appellate Division of the Supreme Court of New York, 2015

People v. Hope

People v. Hope
Appellate Division of the Supreme Court of New York · Decided December 1, 2015
134 A.D.3d 414; 19 N.Y.S.3d 724
People v. Hope

Opinion of the Court

Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about July 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.

*415The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines, and the record does not establish any basis for a downward departure, particularly in light of the seriousness of the underlying crime and defendant’s criminal history. Concur — Mazzarelli, J.P., Moskowitz, Richter and Manzanet-Daniels, JJ.

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