PEOPLE v. ROSARIO (2023)

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

The PEOPLE of the State of New York, Respondent, v. Ramon ROSARIO, Defendant–Appellant.

916 Decided: October 26, 2023

Webber, J.P., Moulton, González, Kennedy, JJ.

Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Charles F. Hickerson IV of counsel), for respondent.

Order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about September 29, 2017, 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 a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]). The alleged mitigating factors cited by defendant, such as his age and lack of a disciplinary history while incarcerated were either adequately taken into account by the risk assessment instrument or outweighed by aggravating factors, including the seriousness of the underlying offenses against two young children (see People v. Cabrera, 166 A.D.3d 419, 419, 85 N.Y.S.3d 1 [1st Dept. 2018]).

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