PEOPLE v. LESANE (2024)

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

The PEOPLE of the State of New York, Respondent, v. Andrew LESANE, Defendant–Appellant.

1961

Decided: April 02, 2024

Oing, J.P., Friedman, Gesmer, Shulman, Rodriguez, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Rutkin–Becker of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Oliver Lee of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 15, 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 denying 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 crimes, where he robbed three female strangers with weapons and sexually assaulted two of them.

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