People v. Then

People v Then (2021 NY Slip Op 02345)

People v Then

2021 NY Slip Op 02345

Decided on April 15, 2021

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 and Entered: April 15, 2021
Before: Renwick, J.P., Gische, Moulton, Mendez, JJ.

Ind No. 2258/09 Appeal No. 13590 Case No. 2019-04230

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

v

Jonathan Then, Defendant-Appellant.

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

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

Order, Supreme Court, New York County (Robert M. Stolz, J.), entered on or about October 2, 2019, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently 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 were adequately accounted for in the risk assessment instrument or were

outweighed by the seriousness of the underlying offenses, which involved young children. We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 15, 2021