People v. Perez , 22 N.Y.S.3d 859 ( 2016 )

People v Perez (2016 NY Slip Op 00311)

People v Perez

2016 NY Slip Op 00311

Decided on January 19, 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 January 19, 2016
Tom, J.P., Friedman, Saxe, Kapnick, JJ.

16714 99026/14

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

v

Miguel Perez, Defendant-Appellant.

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.

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.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 19, 2016

CLERK