PEOPLE v. TORRES (2025)

Order, Supreme Court, Bronx County (Laurence E. Busching, J.), entered on or about October 6, 2022, which, after a hearing, adjudicated defendant a risk level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

After applying an automatic override for a prior felony sex crime conviction, which defendant does not dispute was properly applied, the court providently exercised its discretion in declining a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  Defendant did not “offer sufficient proof to demonstrate that his age or physical condition impacted his ability to reoffend” (People v. Torres, 220 A.D.3d 514, 515, 198 N.Y.S.3d 308 [1st Dept. 2023], lv denied 41 N.Y.3d 908, 2024 WL 2278655 [2024]), particularly given that he committed the underlying crimes less than five years earlier, and while suffering from many of the same physical ailments (see People v. Feldmeth, 230 A.D.3d 1040, 1040, 217 N.Y.S.3d 63 [1st Dept. 2024]).

Defendant's family support, post-release living situation, and completion of prison vocational training and other programming were taken into account by the risk assessment instrument (see People v. Alam, 227 A.D.3d 576, 576, 211 N.Y.S.3d 344 [1st Dept. 2024], lv denied 42 N.Y.3d 907, 2024 WL 4558619 [2024];  People v. Shaia, 221 A.D.3d 434, 435, 198 N.Y.S.3d 54 [1st Dept. 2023], lv denied 41 N.Y.3d 906, 2024 WL 1775427 [2024]).  Moreover, he failed to demonstrate how these factors “reduced his particular likelihood of reoffense or danger to the community” (People v. Bevel, 224 A.D.3d 430, 431, 204 N.Y.S.3d 103 [1st Dept. 2024], lv denied 42 N.Y.3d 902, 2024 WL 4125689 [2024]).