People v. Portalatin

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2016-12-06
Citations: 2016 NY Slip Op 8172, 145 A.D.3d 463, 41 N.Y.S.3d 712
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3 Citing Cases
Combined Opinion

*464 Order, Supreme Court, New York County (Anthony J. Fer-rara, J.), entered on or about November 24, 2015, which adjudicated defendant a level two sexually violent 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]). Defendant did not establish that his health problems would minimize the likelihood of recidivism (see e.g. People v Rodriguez, 101 AD3d 630 [1st Dept 2012], lv denied 21 NY3d 851 [2013]), and his expression of remorse and lack of additional sex offenses were adequately taken into account by the risk assessment instrument.

Concur—Renwick, J.R, Saxe, Gische and Webber, JJ.