The People of the State of New York, Respondent, v. Pablo Barrios, Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Pablo Barrios, Defendant–Appellant.

2606

Decided: January 03, 2017

Friedman, J.P., Sweeny, Richter, Manzanet–Daniels, Kapnick, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Kerry Elgarten 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 February 24, 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.

The court properly exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 NY3d 841 [2014] ). The mitigating factors cited by defendant are outweighed by the egregious circumstances of his underlying criminal activity against a child.

CLERK

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