The People of the State of New York, Respondent, v. Javier Guaman, Defendant–Appellant.

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Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Javier Guaman, Defendant–Appellant.

336

Decided: February 25, 2016

Friedman, J.P., Sweeny, Saxe, Gische, JJ. Seymour W. James, Jr., The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.

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Order, Supreme Court, New York County (Juan M. Merchan, J.), entered May 7, 2014, adjudicating defendant a level two sexually violent offender under the Sex Offender Registration Act, 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 only ground for departure cited by defendant is his deportation to Ecuador.  However, we reject defendant's argument that his deportation resulted in such a reduced risk to public safety as to warrant a downward departure (see People v. Zepeda, 124 AD3d 417 [1st Dept 2015], lv denied 25 NY3d 902 [2015] ).

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CLERK