Crimes - Sex Offenders - Sex Offender Registration Act - Downward Departure Denied

Order, Supreme Court, New York County (Ann E. Scherzer, J.), entered on or about February 3, 2023, 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 correctly assessed 10 points for unsatisfactory conduct while confined, based on defendant's three tier II infractions and her tier III violation (see People v Parks, 216 AD3d 462, 463 [1st Dept 2023]). Her disciplinary violations "were not remote in time, and the record fails to support defendant's remaining arguments against this assessment" (People v Morales, 157 AD3d 475, 475 [1st Dept 2018], lv denied 31 NY3d 903 [2018]).

The court also providently denied defendant's request for a downward departure (see People v Gillotti, 23 NY3d 841, 861 [2014]). Defendant failed to show how the support of her family "decreased [her] particular likelihood of reoffense" (People v Perez, 226 AD3d 487, 487 [1st Dept 2024], lv denied 42 NY3d 905 [2024]; see also People v Torres, 234 AD3d 604, 604-605 [1st Dept 2025]), particularly given that she had "the same support network at the time of the underlying misconduct" (People v Talavera, 223 AD3d 538, 538 [1st Dept 2024], lv dismissed in part, denied in part 41 NY3d 999 [2024]). Further, defendant's "abstinence, while incarcerated, from using substances that are prohibited in prison was insufficient to predict [her] postrelease behavior" (People v Sepulveda, 187 AD3d 448, 448 [1st Dept 2020], lv denied 36 NY3d 904 [2021]; see also People v Hosear, 151 AD3d 416 [1st Dept 2017], lv denied 30 NY3d 907 [2017]), and her participation in vocational and therapeutic programming in prison was "not so exceptional as to warrant a departure under the totality of circumstances" (People v Colon, 213 AD3d 419, 420 [1st Dept 2023], lv denied 39 NY3d 914 [2023]).

In any event, to the extent defendant identified any mitigating factors, they "were outweighed by the seriousness of the underlying sexual offense[s]" (People v Williams, 220 AD3d 512, 513 [1st Dept 2023], lv denied 41 NY3d 905 [2024]). Defendant repeatedly victimized her own son and daughter over a period of months, "bespeak[ing] a degree of depravity indicative of a complete inability to exercise any self-control" (People v Mantilla, 70 AD3d 477, 478 [1st Dept 2010], lv denied 15 NY3d 706 [2010]). Thus, her designation as a level three offender was appropriate. Concur—Kern, J.P., Kennedy, Friedman, Shulman, O'Neill Levy, JJ.