| People v Brewer |
| 2018 NY Slip Op 06792 [165 AD3d 473] |
| October 11, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Davian Brewer, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Anita Aboagye-Agyeman of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for respondent.
Order, Supreme Court, New York County, (Roger S. Hayes, J.), entered on or about March 25, 2016, which adjudicated defendant a level three 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]), especially in light of the seriousness of defendant's crime against a child and defendant's criminal history. Concur—Sweeny, J.P., Tom, Gesmer, Kern, Moulton, JJ.