People v Santiago
2018 NY Slip Op 07050 [165 AD3d 540]
October 23, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2018


[*1]
 The People of the State of New York, Respondent,
v
Rafael Santiago, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about September 13, 2017, 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant's completion of numerous vocational programs was already taken into account by the risk assessment instrument, and the other mitigating factors cited by defendant were outweighed by the egregiousness of the underlying crime. Concur—Renwick, J.P., Richter, Kahn, Gesmer, Singh, JJ.