The People of the State of New York, Case Respondent, v. Miguel Perez, Defendant–Appellant.

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Supreme Court, Appellate Division, First Department.

The People of the State of New York, Case Respondent, v. Miguel Perez, Defendant–Appellant.

1671 4

Decided: January 19, 2016

Tom, J.P., Friedman, Saxe, Kapnick, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Shera Knight of counsel), for respondent.

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Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 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 factors cited by defendant, including his expert's report, do not warrant a different conclusion, especially in light of defendant's pattern of escalating sexual misconduct toward the victim.

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CLERK