People v. Figueroa

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2017-10-24
Citations: 2017 NY Slip Op 7418, 154 A.D.3d 593, 62 N.Y.S.3d 274
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Combined Opinion

Order, Supreme Court, New York County (Bonnie Wittner, J.), entered on or about April 11, 2016, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The level three adjudication was appropriate, and there is no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the aggravating factors. Defendant’s course of sexual conduct against a very young child, and his involvement with child pornography, support the conclusion that he poses a threat to re-offend children.

Concur— Renwick, J.P., Kapnick, Gesmer and Kern, JJ.