The People of the State of New York, Respondent, v. Felipe Solar, Defendant–Appellant. (2026)

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Cathy Liu of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Jonathan L. Gold of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about October 27, 2022, which adjudicated defendant a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correctional Law art 6–C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure, and no basis exists for this Court to exercise its independent discretion to adjudicate him a level two offender (see People v. Gillotti, 23 NY3d 841, 861 [2014] ).  As this Court determined with respect to defendant's New York County conviction (People v. Solar, 243 AD3d 531 [1st Dept 2025] ), there were no mitigating factors that were not adequately taken into account by the risk assessment instrument.  Given the egregiousness of the underlying crimes and the danger that a reoffense by defendant would cause a high degree of harm, there is no basis for a downward departure (see People v. Roldan, 140 AD3d 411 [1st Dept 2016], lv denied 28 NY3d 904 [2016] ).  Defendant has not shown that his rehabilitative efforts, his family support, or his age warrant a downward departure.