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

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Viscount Washington, Defendant–Appellant.

1795

Decided: October 04, 2016

Tom, J.P., Sweeny, Andrias, Webber, Gesmer, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Stephen Kress of counsel), for respondent.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about March 24, 2015, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The undisputed serious physical injury inflicted by defendant automatically resulted in an override to risk level three (see People v. Howard, 27 NY3d 337, 342 [2016] ). The court properly exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 NY3d 841 [2014] ). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument, and the record does not establish any basis for a downward departure, given the egregiousness of the underlying crime.

CLERK

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