PEOPLE v. ROMAN (2023)

Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about May 4, 2018, which adjudicated defendant a level three 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 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014]).  The mitigating factors cited by defendant, including his satisfactory but unexceptional performance in sex offender treatment, were adequately taken into account by the risk assessment instrument or were outweighed by the egregiousness of the underlying sex crime, which was committed against a three-year-old child.  Defendant did not establish that his age and health issues would reduce his risk of reoffense (see People v. Ramos, 199 A.D.3d 423, 423, 153 N.Y.S.3d 866 [1st Dept. 2021], lv denied 38 N.Y.3d 903, 2022 WL 839442 [2022]), or that any of his point assessments overstate that risk.  We have considered and rejected defendant's remaining arguments.