People v. Evans

Order, Supreme Court, New York County (Cassandra M. Mullen, J.), entered on or about August 2, 2011, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

*555 The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The alleged mitigating factors were outweighed by, among other things, the seriousness of the underlying offense, the victim’s age and defendant’s significant criminal record.