People v Scotland, 2023 NY Slip Op 05335 [220 AD3d 548]

October 19, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Keian Scotland, Appellant.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.

Order, Supreme Court, Bronx County (Steven L. Barrett, J.), entered on or about December 8, 2021, 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 in declining a downward departure ( see generally People v Gillotti , 23 NY3d 841 [2014]). The mitigating factors cited by defendant were either accounted for by the risk assessment instrument, or outweighed by the seriousness of the underlying crimes and the aggravating factor of defendant’s failure to complete a sex offender treatment program. Concur—Manzanet-Daniels, J.P., Kern, Scarpulla, Mendez, O’Neill Levy, JJ..