PEOPLE v. GONZALEZ (2025)

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

The PEOPLE of the State of New York, Respondent, v. Alberto GONZALEZ, Defendant-Appellant.

3659

Decided: February 11, 2025

Singh, J.P., González, Scarpulla, Rosado, O'Neill Levy, JJ.

Twyla Carter, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Andrew John Loizides of counsel), for respondent.

Order, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), entered on or about November 7, 2022, which adjudicated defendant a level two 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 defendant's request for a downward departure. The mitigating factors presented by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v. Watson, 112 A.D.3d 501, 503, 977 N.Y.S.2d 24 [1st Dept. 2013], lv denied 22 N.Y.3d 863, 2014 WL 702166 [2014]; see generally People v. Gilotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]), and in any event were outweighed by the seriousness of defendant's underlying crime (see People v. Dunkley, 212 A.D.3d 564, 180 N.Y.S.3d 898 [1st Dept. 2023], lv denied 39 N.Y.3d 914, 2023 WL 3589070 [2023]).

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