PEOPLE v. KATZ (2014)

The PEOPLE of the State of New York, Respondent, v. Jaime KATZ, Defendant–Appellant.

Decided: October 28, 2014

Robert S. Dean, Center for Appellate Litigation, New York (Julia Busetti of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 19, 2013, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court properly assessed defendant 20 points for the risk factor for relationship with victim. The People demonstrated by clear and convincing evidence that defendant established a relationship with the victim for the purpose of victimizing him (see People v. Carlton, 307 A.D.2d 763 [4th Dept 2003] ). The circumstances, including time factors, supported the inference that the relationship was formed for that purpose, and defendant's denials presented a credibility question that the court properly resolved against him.

The court properly exercised its discretion when it declined to grant a downward departure to risk level one (see People v. Gillotti, 23 NY3d 841 [2014] ). The alleged mitigating factors were outweighed by the seriousness of the underlying sex crime.

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