PEOPLE v. GAMARRA MENDOZA (2023)

Order, Supreme Court, Bronx County (Laurence E. Busching, J.), entered on or about May 25, 2022, 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 statutory mitigating factors cited by defendant, were adequately taken into account by the risk assessment instrument, or were not shown to reduce defendant's individual risk of reoffense (see People v. Cabrera, 91 A.D.3d 479, 479–480, 937 N.Y.S.2d 14 [1st Dept. 2012], lv denied 19 N.Y.3d 801, 2012 WL 1500098 [2012]).  In any event, these mitigating factors were outweighed by aggravating factors, including the seriousness of the underlying crime, in which he sexually abused his stepdaughter, an 11–year–old child when the abuse began, for approximately six years (see id. at 480, 937 N.Y.S.2d 14).