People v Santiago, 2024 NYSlipOp 01352 [225 AD3d 478]

March 14, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Raymond Santiago, Appellant.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Corina Scott of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Amir H. Khedmati of counsel), for respondent.

Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about June 16, 2022, 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 taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying offenses, which involved the rapes of three female strangers over the course of three months. The egregiousness of the underlying crimes indicated a danger that reoffense by defendant would cause serious harm ( see People v Roldan , 140 AD3d 411 , 412 [1st Dept 2016], lv denied 28 NY3d 904 [2016]). Concur—Kern, J.P., Friedman, Kapnick, Gesmer, Rodriguez, JJ..