PEOPLE v. LYNCH (2023)

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated July 1, 2022, which, after a hearing, designated him a level two sex offender pursuant to Correctional Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly denied his application for a downward departure from his presumptive risk level of two to risk level one.  The court properly determined that the imposition of points under risk factors 3 (number of victims) and 7 (relationship with victim) did not result in an overassessment of the defendant's risk to public safety (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701;  People v. Glosque, 201 A.D.3d 823, 824, 157 N.Y.S.3d 392;  People v. Cartiglia, 169 A.D.3d 725, 726, 92 N.Y.S.3d 121;  People v. Tirado, 165 A.D.3d 991, 992, 84 N.Y.S.3d 578;  cf.  People v. Sestito, 195 A.D.3d 869, 870, 145 N.Y.S.3d 849;  People v. Gonzalez, 189 A.D.3d 509, 511, 136 N.Y.S.3d 23), and the defendant failed to otherwise demonstrate the existence of a mitigating factor not already taken into account by the risk assessment instrument that would warrant a downward departure (see People v. Gillotti, 23 N.Y.3d at 857, 994 N.Y.S.2d 1, 18 N.E.3d 701).

BARROS, J.P., MALTESE, WARHIT and TAYLOR, JJ., concur.