The People of the State of New York, Ind. C/ Respondent, v. Vincent Brunson, Defendant–Appellant. (2016)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Ind. C/ Respondent, v. Vincent Brunson, Defendant–Appellant.

1816 6625 4 04

Decided: October 04, 2016

Friedman, J.P., Saxe, Moskowitz, Gische, Kahn, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Nancy E. Little of Counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on January 8, 2014, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure from the presumptive override to level three for a prior felony sex crime conviction (see People v. Gillotti, 23 NY3d 841 [2014] ). The egregiousness of the underlying sex crime against a child, as well as that of the predicate crime, likewise against a child, outweighed the mitigating factors cited by defendant.

CLERK

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