SCI v. Chad Dworkowitz, Defendant–Appellant. (2019)

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Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about January 8, 2016, 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 providently exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 NY3d 841 [2014] ), in light of its legitimate concerns regarding defendant's criminal history.  That history included, among other things, violations of the probation-like sentence defendant

received in another state for the underlying sex crime, resultingin revocation of that sentence, as well as a conviction for failing to register as a sex offender.

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CLERK