People v. Barrios

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2017-01-03
Citations: 2017 NY Slip Op 14, 146 A.D.3d 413, 43 N.Y.S.3d 741
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Combined Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered February 24, 2014, which adjudicated defendant a level two sex 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 People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant are outweighed by the egregious circumstances of his underlying criminal activity against a child.

Concur — Friedman, J.P., Sweeny, Richter, Manzanet-Daniels and Kapnick, JJ.