PEOPLE v. SOLAR (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Felipe SOLAR, Defendant-Appellant.

5236

Decided: November 25, 2025

Webber, J.P., Kennedy, González, Higgitt, Michael, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Cathy Liu of counsel) for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Stacie Nadel of counsel) for respondent.

Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about September 23, 2022, which adjudicated defendant a level three sexually violent predicate offender pursuant to the Sex Offender Registration Act (Correctional Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant 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]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument. There is no basis for a downward departure, given the egregiousness of the underlying crimes and the danger that a reoffense by defendant would cause a high degree of harm (see People v. Roldan, 140 A.D.3d 411, 30 N.Y.S.3d 871 [1st Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 5001245 [2016]). Defendant has not shown that his rehabilitative efforts, his family support, or his age warrant a downward departure.

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