| People v Clay |
| 2020 NY Slip Op 03739 [185 AD3d 425] |
| July 2, 2020 |
| 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 Jamel Clay, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered on or about December 14, 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant has not established that his presumptive risk level overassesses his risk of sexual recidivism, or any mitigating factors that would warrant a departure. Concur—Manzanet-Daniels, J.P., Gische, Kern, Oing, González, JJ.