People v. Alcantara

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about December 10, 2014, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see generally People v Gillotti, 23 NY3d 841 [2014]). Defendant failed to meet his burden to show that his participation in sex offender treatment was so exceptional as to warrant a downward departure. The remaining mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, and were outweighed by the aggravating factors.