People v Blanco, 2023 NY Slip Op 02851 [216 AD3d 599]

May 30, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jose Blanco, Appellant.

Twyla Carter, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Elliott R. Hamilton of counsel), for respondent.

Order, Supreme Court, Bronx County (Steven L. Barrett, J.), entered on or about September 24, 2014, 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 when it declined to grant a downward departure ( see People v Gillotti , 23 NY3d 841 [2014]). We do not find any overassessment of points, and the alleged mitigating factors cited by defendant, including his family situation, were adequately taken into account by the risk assessment instrument or were outweighed by egregiousness of the underlying offense, which indicates a danger that a reoffense would cause a high degree of harm. Concur—Kern, J.P., Friedman, Kennedy, Scarpulla, Pitt-Burke, JJ..