PEOPLE v. STRAKER (2025)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 3, 2024, which, after a hearing, adjudicated defendant a risk level two offender pursuant to the Sex Offender Registration Act (SORA), 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, 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]).  Although the court at defendant's initial SORA hearing held that defendant had established mitigating factors warranting a downward departure from a presumptive level three assessment, it does not follow that because defendant was assessed as a presumptive level two offender at the second SORA hearing, conducted after remittitur by this Court, a downward departure to level one was required.