PEOPLE v. ARTIST (2024)

Order, Supreme Court, New York County (Abraham Clott, J.), entered on or about April 6, 2023, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correctional 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]).  There is no basis for a downward departure given the seriousness of the underlying conduct, which defendant committed against his two young daughters (see People v. Zepeda, 124 A.D.3d 417, 997 N.Y.S.2d 626 [1st Dept. 2015], lv denied 25 N.Y.3d 902, 2015 WL 1423460 [2015]), and the danger that a reoffense by defendant would cause a high degree of harm (see People v. Roldan, 140 A.D.3d 411, 30 N.Y.S.3d 871 [1st Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 5001245 [2016]).  There were no mitigating factors that were not adequately taken into account by the risk assessment instrument.