PEOPLE v. ROCHFORD (2023)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about March 31, 2022, 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 (see People v. Gillotti, 23 N.Y.3d 841, 860–861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  The mitigating factors that defendant cites were either adequately taken into account by the risk assessment instrument or are outweighed by defendant's prison disciplinary record, his lack of experience living as an adult outside of incarceration, and the seriousness of his criminal offense and reoffense history.  Indeed, defendant committed the violent crime underlying this appeal within two months after his release on parole for a prior violent crime.