PEOPLE v. JOHNSON (2026)

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about July 26, 2023, which adjudicated defendant a level three predicate 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 declining to grant a downward departure to a level two predicate sex offender (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]) and we perceive no basis to substitute our discretion for that of the court. The mitigating factors presented by defendant are outweighed by his extensive criminal history, including a prior rape conviction, a prior forcible touching conviction, and numerous indecent exposure and assault convictions, all of which demonstrate his “high risk of recidivism” (People v. Doctor, 108 A.D.3d 413, 968 N.Y.S.2d 81 [1st Dept 2013], lv denied 21 N.Y.3d 866, 974 N.Y.S.2d 319, 997 N.E.2d 144 [2013]).