PEOPLE v. SUMPTER (2025)

Order, Supreme Court, New York County (Curtis J. Farber, J.), entered on or about March 30, 2022, which adjudicated defendant a level three 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 (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  Defendant sexually abused the child of the mother of two of his children for a two-year period beginning when the victim was seven years old.  There were no mitigating factors that were not adequately taken into account in the risk assessment instrument or that outweighed the seriousness of the underlying offense, which was committed against a child (People v. Morales, 157 A.D.3d 475, 475, 66 N.Y.S.3d 432 [1st Dept. 2018], lv denied 31 N.Y.3d 903, 2018 WL 1597558 [2018]) after having been adjudicated a sex offender on a prior case (People v. Cruz, 182 A.D.3d 415, 416, 119 N.Y.S.3d 857 [1st Dept. 2020], lv denied 35 N.Y.3d 914, 2020 WL 5523373 [2020]).