People v. Knight

Order, Supreme Court, New York County (Neil E. Ross, J.), entered on or about April 14, 2016, 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s prior felony sex crime conviction automatically resulted in an override to a risk level three, and there were no mitigating factors that were not adequately taken into account by the risk assessment instrument or outweighed by the seriousness of defendant’s criminal history.