NEW YORK v. TAVERES (2026)

Order, Supreme Court, New York County (Angela Badamo, J.), entered on or about December 1, 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.

The court properly assessed defendant 25 points under risk factor 2. The SORA Board's case summary, along with the six-year-old victim's testimony before the grand jury, established by clear and convincing evidence that defendant engaged in sexual intercourse with the victim (see People v. Mingo, 12 N.Y.3d 563, 571–574, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009];  see also People v. Brown, 235 A.D.3d 101, 115, 225 N.Y.S.3d 42 [1st Dept. 2024], lv. denied 43 N.Y.3d 929, 229 N.Y.S.3d 89, 254 N.E.3d 633 [2025] ). The court providently exercised its discretion in declining 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] ), and we perceive no basis to substitute our discretion for that of the court.  The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the seriousness of the underlying crime, which was committed against a young child (see 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. Hernandez, 205 A.D.3d 485, 485, 165 N.Y.S.3d 845 [1st Dept. 2022] ).