The People of the State of New York, Respondent, v. Nate Rose, Defendant–Appellant.

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Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Nate Rose, Defendant–Appellant.

2552

Decided: December 29, 2016

Acosta, J.P., Renwick, Andrias, Saxe, Gische, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.

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Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered September 17, 2015, which adjudicated defendant a level two sexually violent 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 mitigating factors cited by defendant were adequately taken into account by the risk assessment instrumentor outweighed by the seriousness of the underlying crime and defendant's violent criminal history.

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CLERK