PEOPLE v. VEGA (2026)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about April 25, 2024, which adjudicated defendant a level three sex 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.  “[T]he large number of child pornography ․ videos, the particularly disturbing nature of some of the material, the duration of defendant's retention of the material, and his trading of the material with others” indicate a likelihood of reoffense (People v. Ryan, 157 A.D.3d 463, 66 N.Y.S.3d 440 [1st Dept. 2018], lv denied 31 N.Y.3d 904, 2018 WL 1957488 [2018]).

The mitigating factors presented by defendant were adequately taken into account by the risk assessment instrument or were not established by the preponderance of evidence (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  In any event, any mitigating factors were outweighed by the seriousness of defendant's underlying conduct, which included possessing and sharing images and videos that depicted sexual exploitation of prepubescent children (see People v. Pagan, 238 A.D.3d 421, 231 N.Y.S.3d 482 [1st Dept. 2025];  People v. Buckley, 176 A.D.3d 650, 651, 109 N.Y.S.3d 644 [1st Dept. 2019], lv denied 35 N.Y.3d 901, 2020 WL 1520032 [2020]), and the danger that a reoffense by defendant would cause a high degree of harm (see People v. Thomas, 202 A.D.3d 450, 451, 158 N.Y.S.3d 587 [1st Dept. 2022], lv denied 38 N.Y.3d 911, 2022 WL 2165460 [2022];  People v. Cabrera, 91 A.D.3d 479, 479–480, 937 N.Y.S.2d 14 [1st Dept. 2012], lv denied 19 N.Y.3d 801, 2012 WL 1500098 [2012]).

We have considered and rejected defendant's remaining arguments.