People v. Paredes , 146 A.D.3d 684 ( 2017 )

People v Paredes (2017 NY Slip Op 00553)

People v Paredes

2017 NY Slip Op 00553

Decided on January 26, 2017

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 26, 2017
Acosta, J.P., Mazzarelli, Feinman, Webber, JJ.

2876 99027/14

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

v

Julio Paredes, Defendant-Appellant.

The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.

Order, Supreme Court, Bronx County (Joseph J. Dawson, J.), entered August 6, 2014, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant's prior felony sex crime conviction automatically resulted in an override to risk level three (see People v Howard, 27 NY3d 337, 342 [2016]). Accordingly, defendant qualifies as a level three offender independently of any point assessments. In any event, defendant's challenges to particular point assessments are unavailing. The court also providently 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 insufficiently substantiated and were outweighed by the seriousness of the underlying crime and defendant's prior felony conviction of a sex offense.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 26, 2017

CLERK