People v. Bolden

People v Bolden (2022 NY Slip Op 00053)

People v Bolden

2022 NY Slip Op 00053

Decided on January 06, 2022

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: January 06, 2022
Before: Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.
Ind No. 792/99 Appeal No. 14975 Case No. 2019-05010

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jillian Lewis of counsel), for respondent.

Order, Supreme Court, New York County (Robert M. Stoltz, J.), entered on or about July 16, 2019, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see generally People v Gillotti, 23 NY3d 841, 861 [2014]). To the extent not accounted for by the risk assessment instrument, the mitigating factors cited by defendant were outweighed by the egregiousness of the underlying series of predatory sex crimes against multiple victims. Defendant did not establish that his age makes him

unlikely to reoffend (see e.g. People v Rodriguez, 145 AD3d 489 [1st Dept 2016], lv denied 28 NY3d 916 [2017]), or that his favorable record of rehabilitation while incarcerated warrants a departure under all the circumstances. THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: January 6, 2022