People v Fuentes, 2016 NY Slip Op 08439 [145 AD3d 547]

December 15, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Danny Fuentes, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Lauren J. Springer of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.

Order, Supreme Court, Bronx County (Denis J. Boyle, J.), entered December 16, 2014, 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 providently exercised its discretion in declining to grant a downward departure ( see People v Gillotti , 23 NY3d 841 [2014]). We do not find that there were any overassessments of points. Although the underlying sex crime against a child only resulted in a misdemeanor conviction, the circumstances of the crime were nevertheless serious, and they outweighed the mitigating factors defendant cites. Concur—Acosta, J.P., Andrias, Moskowitz, Gische and Webber, JJ..