PEOPLE v. GIBBS (2025)

Orders, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 19, 2023, which adjudicated defendant a level three predicate sex offender and a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant a downward departure for both underlying offenses (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the seriousness of defendant's underlying offenses involving young girls, and his prior sex crimes against young girls (see People v. Acosta, 225 A.D.3d 553, 554, 207 N.Y.S.3d 485 [1st Dept. 2024], lv denied 41 N.Y.3d 910, 2024 WL 3057542 [2024]).  The record does not show that defendant's participation in sex offender treatment was exceptional, especially given his minimization of guilt (see People v. Hernandez, 205 A.D.3d 485, 485, 165 N.Y.S.3d 845 [1st Dept. 2022]).  He similarly failed to show that his mental health treatment and rehabilitation in prison were exceptional (see People v. Roman, 198 A.D.3d 425, 426, 152 N.Y.S.3d 296 [1st Dept. 2021]), or that his efforts at rehabilitation and support network reduced his risk of reoffense or danger to the community (see People v. Rivera, 234 A.D.3d 605, 605, 226 N.Y.S.3d 48 [1st Dept. 2025];  People v. Roman, 198 A.D.3d at 426, 152 N.Y.S.3d 296).