PEOPLE v. JONES (2024)

Order, Supreme Court, New York County (Miriam R. Best, J.), entered on or about December 21, 2021, which, after a hearing, 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 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 mitigating factors cited by defendant, including his completion of sex offender treatment, his support network upon re-entry into the community, his “advancing” age, and his “moderate” risk score on the Static–99R risk assessment tool, were either adequately taken into account by the risk assessment instrument, or were not shown to reduce defendant's risk of reoffense.  In any event, the mitigating factors were outweighed by the seriousness of the underlying sex offenses, where he violently raped two females, including a nine-year-old girl (see People v. Muhammad, 221 A.D.3d 513, 514, 198 N.Y.S.3d 358 [1st Dept. 2023], lv. denied 41 N.Y.3d 904, 2024 WL 1204111 [2024]).