The People of the State of New York, Respondent, v. Frank Bugett, Defendant–Appellant. (2016)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Frank Bugett, Defendant–Appellant.

548 Decided: March 17, 2016

Friedman, J.P., Andrias, Saxe, Kapnick, JJ.

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

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about October 3, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

Defendant's challenges to the point assessment for his prior criminal history are unavailing, and would not in any event affect his level two adjudication. We find no basis for a discretionary downward departure (see People v. Gillotti, 23 NY3d 841 [2014] ). The mitigating factors raised by defendant were adequately accounted for in the risk assessment instrument, orwere outweighed by defendant's criminal history and the gravity of the underlying crime, committed against a child.

CLERK

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