PEOPLE v. WILLIAMS (2023)

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

The PEOPLE of the State of New York, Respondent, v. Collins WILLIAMS, Defendant–Appellant.

811 Decided: October 17, 2023

Webber, J.P., Oing, Gesmer, Rodriguez, Rosado, JJ.

Twyla Carter, The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about November 4, 2021, 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 providently exercised its discretion when it declined to grant defendant's request for a downward departure (People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]). The mitigating factors cited by defendant were either adequately accounted for in the risk assessment instrument or were outweighed by the seriousness of the underlying sexual offense against a minor over the course of a year (see People v. Malloy, 213 A.D.3d 417, 180 N.Y.S.3d 905 [1st Dept. 2023]; People v. Palmer, 166 A.D.3d 536, 86 N.Y.S.3d 717 [1st Dept. 2018], lv denied 32 N.Y.3d 919, 2019 WL 1409867 [2019]).

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