PEOPLE v. ALVARADO (2025)

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about April 20, 2023, 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, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  The mitigating factors cited by defendant were outweighed by the egregiousness of the underling offenses and other serious aggravating factors, against two children for an extended period of time (see People v. Day, 201 A.D.3d 602, 157 N.Y.S.3d 726 [1st Dept. 2022], lv denied 38 N.Y.3d 910, 2022 WL 2165474 [2022];  People v. Rodriguez, 146 A.D.3d 452, 453, 43 N.Y.S.3d 754 [1st Dept. 2017], lv denied 29 N.Y.3d 908, 2017 WL 1843526 [2017]).  Specifically, defendant's abuse of his own daughter continued for years, and included numerous rapes, oral sexual conduct, and more than a dozen acts of anal sexual conduct (see People v. Leiva, 215 A.D.3d 476, 185 N.Y.S.3d 684 [1st Dept. 2023], lv denied 40 N.Y.3d 904, 2023 WL 6152899 [2023]).

We reject defendant's contention that intrafamilial offenders warrant downward departures because they are less likely to reoffend (see People v. Santiago, 236 A.D.3d 575, 576, 228 N.Y.S.3d 559 [1st Dept. 2025]).  Furthermore, defendant failed to show that his age “demonstrates a reduced individual danger to public safety” (People v. Lendeborg, 215 A.D.3d 433, 434, 185 N.Y.S.3d 666 [1st Dept. 2023], lv denied 40 N.Y.3d 902, 2023 WL 6066543 [2023]).  We have considered defendant's remaining arguments and find them unavailing.