| People v Williams |
| 2019 NY Slip Op 01367 [169 AD3d 598] |
| February 26, 2019 |
| 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 Gregory Williams, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about March 6, 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 granted an upward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were outweighed by the egregious and unchallenged aggravating factors upon which the court relied. Concur—Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.