PEOPLE v. LOUIS (2025)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about November 2, 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, participation in educational and vocational training, family support system, and 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. Bevel, 224 A.D.3d 430, 431, 204 N.Y.S.3d 103 [1st Dept. 2024], lv denied 42 N.Y.3d 902, 2024 WL 4125689 [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 routine participation in sex offender treatment and substance abuse treatment was not so exceptional that a downward departure to risk level one is warranted (see People v. Tugwell, 210 A.D.3d 507, 507–508, 176 N.Y.S.3d 490 [1st Dept. 2022], lv denied 39 N.Y.3d 911, 2023 WL 3066592 [2023];  People v. Alcantara, 154 A.D.3d 532, 61 N.Y.S.3d 883 [1st Dept. 2017], lv denied 30 N.Y.3d 908, 2018 WL 326534 [2018]).  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 repeated sexual abuse of a young child over approximately five years (see People v. Perez, 226 A.D.3d 487, 208 N.Y.S.3d 179 [1st Dept. 2024], lv denied 42 N.Y.3d 905, 2024 WL 4229156 [2024]).