PEOPLE v. MEDINA (2026)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about June 14, 2024, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act, (Correctional Law art 6–C), unanimously affirmed, without costs.

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] ).  Defendant's lack of a disciplinary record, completion of sex offender and substance abuse treatment programs, participation in vocational training, and family support have been adequately taken into account by the risk assessment instrument (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. Wright, 208 A.D.3d 1112, 1112, 175 N.Y.S.3d 57 [1st Dept 2022], lv denied 39 N.Y.3d 907, 2023 WL 1827744 [2023];  People v. Gomez, 201 A.D.3d 601, 601, 157 N.Y.S.3d 724 [1st Dept 2022] ).  Defendant has failed to establish that his response to sex offender treatment was so exceptional as to warrant a downward departure (see People v. Alcantara, 154 A.D.3d 532, 532, 61 N.Y.S.3d 883 [1st Dept 2017], lv denied 30 N.Y.3d 908, 2018 WL 326534 [2018] ), or how his vocational training or family support reduced his likelihood of reoffense or danger to the community (Bevel, 224 A.D.3d at 431, 204 N.Y.S.3d 103;  Wright, 208 A.D.3d at 1112, 175 N.Y.S.3d 57).

In any event, we find that any mitigating factors were far outweighed by the nature of defendant's offense, as the egregiousness of the underlying crime indicated a danger that a reoffense by defendant would cause a high degree of harm (see People v. Roldan, 140 A.D.3d 411, 412, 30 N.Y.S.3d 871 [1st Dept 2016], lv denied 28 N.Y.3d 904, 2016 WL 5001245 [2016] ).