PEOPLE v. BOUBACAR (2023)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 10, 2020, 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 in declining a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  Defendant's completion of sex offender and drug and alcohol treatment programs, and the fact that he had not committed any prior violent or sex offense, 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]).  Defendant's argument that the SORA guidelines were based on outdated studies is unpreserved, and we decline to address it in the interest of justice.  The lengthy period of postrelease supervision imposed on defendant is not a “significant mitigating factor” (People v. Lewis, 143 A.D.3d 604, 605, 40 N.Y.S.3d 374 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628759 [2017]).  In any event, the mitigating factors cited were outweighed by the seriousness of the underlying crime, in which defendant grabbed a female stranger off the street and raped her.