PEOPLE v. MARTELL (2025)

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about December 13, 2019, 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 when it declined to grant 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, who was 19 years old at the time of the offense, cites his age as a mitigating factor, but his argument is merely “a general criticism of the way the Guidelines treat youthfulness” (People v. Montesquieu, 217 A.D.3d 548, 549, 189 N.Y.S.3d 518 [1st Dept. 2023], lv denied 40 N.Y.3d 909, 2023 WL 8720733 [2023]).  Defendant also failed to demonstrate that he specifically posed a lower risk of reoffense due to his age (see People v. Rodriguez, 145 A.D.3d 489, 490, 44 N.Y.S.3d 16 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628943 [2017]).  Similarly, “[t]here was no overassessment regarding substance abuse, where defendant admitted to having abused substances at the time of the underlying offense, and his abstinence from substances while incarcerated has little significance” (People v. Rios, 209 A.D.3d 473, 474, 174 N.Y.S.3d 848 [1st Dept. 2022], lv denied 39 N.Y.3d 909, 2023 WL 2530675 [2023]).

Defendant did not establish that his rehabilitative efforts were so exceptional as to warrant a departure (see People v. Alcantara, 154 A.D.3d 532, 61 N.Y.S.3d 883 [1st Dept. 2017], lv denied 30 N.Y.3d 908, 2018 WL 326534 [2018];  cf.  People v. Williams, 148 A.D.3d 540, 49 N.Y.S.3d 671 [1st Dept. 2017]), nor did he demonstrate that his family and community support reduced his particular likelihood of reoffense or danger to the community (see People v. Mills, 220 A.D.3d 548, 549, 199 N.Y.S.3d 22 [1st Dept. 2023], lv denied 41 N.Y.3d 908, 2024 WL 2278702 [2024];  People v. Roman, 198 A.D.3d 425, 426, 152 N.Y.S.3d 296 [1st Dept. 2021]).  In any event, the alleged mitigating factors were outweighed by the serious nature of the offense and defendant's history of violence.