People v. Rodriguez , 998 N.Y.S.2d 300 ( 2015 )

People v Rodriguez (2015 NY Slip Op 00472)

People v Rodriguez

2015 NY Slip Op 00472

Decided on January 20, 2015

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 January 20, 2015
Tom J.P., Saxe, Feinman, Clark, Kapnick, JJ.

13978 1894/97

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

v

Larry Rodriguez, Defendant-Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Jordan K. Hummel of counsel), for respondent.

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about November 20, 2013, which adjudicated defendant a level three sexually violent predicate sex offender, pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 NY3d 841, 861 [2014]). The mitigating factors cited by defendant, including his age, did not warrant a departure when viewed in light of defendant's extensive history of recidivism and the violent nature of the underlying crimes.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 20, 2015

CLERK