People v. Katz

People v Katz (2014 NY Slip Op 07298)

People v Katz

2014 NY Slip Op 07298

Decided on October 28, 2014

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 October 28, 2014
Friedman, J.P., Renwick, Manzanet-Daniels, Feinman, Kapnick, JJ.

13322 2521/08

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

v

Jaime Katz, Defendant-Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 19, 2013, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed defendant 20 points for the risk factor for relationship with victim. The People demonstrated by clear and convincing evidence that defendant established a relationship with the victim for the purpose of victimizing him (see People v Carlton, 307 AD2d 763 [4th Dept 2003]). The circumstances, including time factors, supported the inference that the relationship was formed for that purpose, and defendant's denials presented a credibility question that the court properly resolved against him.

The court properly exercised its discretion when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). The alleged mitigating factors were outweighed by the seriousness of the underlying sex crime.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 28, 2014

CLERK