People v Lynch, 2023 NY Slip Op 03248 [217 AD3d 791]
June 14, 2023
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Christopher Lynch, Appellant.
Clare J. Degnan, White Plains, NY (Salvatore A. Gaetani of counsel), for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated July 1, 2022, which, after a hearing, designated him a level two sex offender pursuant to Correctional Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant’s contention, the Supreme Court properly denied his application for a downward departure from his presumptive risk level of two to risk level one. The court properly determined that the imposition of points under risk factors 3 (number of victims) and 7 (relationship with victim) did not result in an overassessment of the defendant’s risk to public safety ( see People v Gillotti , 23 NY3d 841 , 861 [2014]; People v Glosque , 201 AD3d 823 , 824 [2022]; People v Cartiglia , 169 AD3d 725 , 726 [2019]; People v Tirado , 165 AD3d 991 , 992 [2018]; cf. People v Sestito , 195 AD3d 869 , 870 [2021]; People v Gonzalez , 189 AD3d 509 , 511 [2020]), and the defendant failed to otherwise demonstrate the existence of a mitigating factor not already taken into account by the risk assessment instrument that would warrant a downward departure ( see People v Gillotti , 23 NY3d at 857). Barros, J.P., Maltese, Warhit and Taylor, JJ., concur..