People v. Horsford , 27 N.Y.S.3d 872 ( 2016 )

People v Horsford (2016 NY Slip Op 02711)

People v Horsford

2016 NY Slip Op 02711

Decided on April 7, 2016

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 7, 2016
Acosta, J.P., Renwick, Manzanet-Daniels, Kapnick, Webber, JJ.

746 1522/10

[*1]The People of the State of New York, Respondent,

v

Richard Horsford, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), for respondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 18, 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 mitigating factors cited by defendant are inadequately substantiated, and are in any event outweighed by the seriousness of the underlying sex crime and defendant's prior record.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 7, 2016

CLERK