| People v Rivera |
| 2021 NY Slip Op 01208 [191 AD3d 610] |
| February 25, 2021 |
| 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 Cosme Rivera, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about October 3, 2017, which adjudicated defendant a level two 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]). The mitigating factors cited by defendant were outweighed by factors such as the seriousness of the underlying conduct. Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.