PEOPLE v. WILLIAMS (2023)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about November 12, 2021, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining a downward departure (see 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—his lack of a disciplinary record while incarcerated, participation in a sex offender treatment program, and family support—were adequately accounted for by the risk assessment instrument (see People v. Williams, 216 A.D.3d 438, 439, 189 N.Y.S.3d 107 [1st Dept. 2023], lv denied 40 N.Y.3d 904, 2023 WL 6153400 [2023];  People v. Harripersaud, 198 A.D.3d 542, 542, 152 N.Y.S.3d 815 [1st Dept. 2021], lv denied 38 N.Y.3d 902, 2022 WL 839235 [2022]).  Moreover, defendant failed to establish that his participation in sex offender treatment was so “exceptional” as to warrant a departure (see People v. Alcantara, 154 A.D.3d 532, 532, 61 N.Y.S.3d 883 [1st Dept. 2017], lv denied 30 N.Y.3d 908, 2018 WL 326534 [2018]) or demonstrate how having support from his family established a lower likelihood of reoffense or danger to the community (see People v. Stuckey, 174 A.D.3d 454, 455, 101 N.Y.S.3d 846 [1st Dept. 2019]).