PEOPLE v. RODRIGUEZ (2026)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about June 1, 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.

Defendant has presented no basis that would warrant this Court exercising its discretion to grant a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  The mitigating factors cited by defendant, including his positive institutional record, completion of sex offender and substance abuse treatment programs, participation in vocational training, completion of his GED and pursuit of his Bachelor's degree, familial support, and expressed remorse have been adequately taken into account by the risk assessment instrument (see People v. Lopez, 215 A.D.3d 575, 187 N.Y.S.3d 614 [1st Dept. 2023], lv denied 40 N.Y.3d 904, 2023 WL 6152889 [2023];  People v. Stuckey, 174 A.D.3d 454, 455, 101 N.Y.S.3d 846 [1st Dept. 2024]).

Further, defendant did not establish that his response to sex offender treatment was so exceptional as to warrant a downward departure (see People v. Bevel, 224 A.D.3d 430, 204 N.Y.S.3d 103 [1st Dept. 2024];  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]).  Neither did defendant establish how either his academic pursuits or vocational efforts would particularly reduce his likelihood of reoffense or the danger he might pose to the community (Bevel at 431, 204 N.Y.S.3d 103).

In any event, the totality of the circumstances does not support a downward departure, as the violence and serious nature of the underlying crimes, consisting of the rapes of strangers, coupled with the extensiveness of defendant's criminal history, outweigh any proffered mitigating factors (see Lopez, 215 A.D.3d at 575, 187 N.Y.S.3d 614).