People v Roldan, 2023 NY Slip Op 00378 [212 AD3d 563]

January 26, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Gabriel Roldan, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about December 8, 2020, 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]). There were no mitigating factors that were not adequately taken into account by the guidelines, and the record does not establish any basis for a downward departure. We do not find any overassessment of points for defendant’s criminal history, particularly where defendant committed the underlying sex crime against a child shortly after being placed on probation for an assault conviction. Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ..