PEOPLE v. SANTIAGO (2024)

Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about June 16, 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 in declining to grant 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 were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying offenses, which involved the rapes of three female strangers over the course of three months.  The egregiousness of the underlying crimes indicated a danger that reoffense by defendant would cause serious harm (see People v. Roldan, 140 A.D.3d 411, 412, 30 N.Y.S.3d 871 [1st Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 5001245 [2016]).