PEOPLE v. HARDISON (2025)

Order, Supreme Court, New York County (Angela Badamo, J.), entered on or about December 12, 2023, 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.

There is no basis for this Court to exercise its independent discretion to grant defendant 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's conduct while incarcerated, his acceptance of responsibility, his living situation upon release, his support system, and his criminal history were adequately accounted for by the risk assessment instrument or not shown to reduce defendant's particular risk of reoffense (see People v. Butts, 238 A.D.3d 520, 521, 234 N.Y.S.3d 480 [1st Dept. 2025];  People v. Jenkins, 224 A.D.3d 632, 633, 206 N.Y.S.3d 287 [1st Dept. 2024], lv denied 42 N.Y.3d 904, 2024 WL 4204801 [2024];  People v. Sadagheh, 214 A.D.3d 566, 183 N.Y.S.3d 853 [1st Dept. 2023], lv denied 40 N.Y.3d 902, 2023 WL 6066638 [2023]).  Defendant's participation in sex offender treatment and efforts at rehabilitation, while commendable, were not so extraordinary that a downward departure to risk level one is warranted (see People v. Gomez, 192 A.D.3d 602, 141 N.Y.S.3d 303 [1st Dept. 2021], lv denied 37 N.Y.3d 910, 2021 WL 4188894 [2021]).  In any event, to the extent that any of the alleged mitigating factors were not adequately accounted for by the risk assessment instrument, they were outweighed by the egregious nature of the underlying offense, which involved the brutal rape of a bound and gagged victim (see People v. Worrell, 221 A.D.3d 542, 544, 198 N.Y.S.3d 545 [1st Dept. 2023], lv denied 41 N.Y.3d 904, 2024 WL 1204147 [2024]).