People v Hossain, 2024 NY Slip Op 00983 [224 AD3d 614]

February 27, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Mohammed Hossain, Appellant.

Jenay Nurse Guilford, New York (Allison Haupt of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (David Gagne of counsel), for respondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about July 7, 2021, which adjudicated defendant a level two 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 either adequately taken into account by the risk assessment instrument or were outweighed by the seriousness of the underlying crime, in which defendant violently robbed and sexually assaulted the victim while threatening her with a box cutter. Concur—Singh, J.P., Friedman, González, Higgitt, Michael, JJ..