People v Strother
2019 NY Slip Op 06866 [175 AD3d 1215]
September 26, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2019


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

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

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

Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about May 21, 2018, which adjudicated defendant a level two sex 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 [2014]). Defendant did not establish any significant mitigating factors that were not adequately accounted for by the risk assessment instrument, and those considerations were outweighed in any event by the egregiousness of defendant's repeated sexual offenses against a child, which defendant videotaped. Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.