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

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Peter Habersharn, Defendant–Appellant.

4983

Decided: November 16, 2017

Renwick, J.P., Manzanet–Daniels, Andrias, Kern, Oing, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about May 5, 2016, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court providently 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 were adequately taken into account by the risk assessment instrument, or did not otherwise support a departure. Defendant's conduct and accomplishments while incarcerated were not so extraordinary as to warrant a departure, given the seriousness of the underlying offense against a 12–year–old child.

CLERK

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