People v. Torres

212 A.D.3d 445

179 N.Y.S.3d 576 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Pedro TORRES, Defendant–Appellant.

17047

Ind. Nos 366/05

2041/05

Case No. 2018–2575

Supreme Court, Appellate Division, First Department, New York.

Entered January 10, 2023

Twyla Carter, The Legal Aid Society, New York (Iván Pantoja of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.

Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about October 24, 2017, 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 ( People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of defendant's sexual abuse of two young children. Defendant did not establish that his response to sex offender treatment was exceptional (see People v. Bonnemere, 201 A.D.3d 475, 475, 156 N.Y.S.3d 838 [1st Dept. 2022] ), or that his age ...