| People v Citalan |
| 2025 NY Slip Op 03978 [240 AD3d 414] |
| July 1, 2025 |
| 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 Daniel Citalan, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Shaina R. Watrous of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Connor S. Glendinning of counsel), for respondent.
Crimes
- Sex Offenders
- Sex Offender Registration Act
- Downward Departure Denied
Order, Supreme Court, Bronx County (Laurence E. Busching, J.), entered on or about July 6, 2023, which, after a hearing, adjudicated defendant a risk level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
We perceive no basis to substitute our discretion and grant a downward departure to a risk level two offender, and the hearing court providently denied the departure (see People v Gillotti, 23 NY3d 841, 861 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument (see People v Cabrera, 91 AD3d 479, 480 [1st Dept 2012], lv denied 19 NY3d 801 [2012]). The record does not show that defendant's participation in sex offender treatment while incarcerated was exceptional to the extent that a downward departure would be warranted (see People v Perez, 226 AD3d 487, 487 [1st Dept 2024], lv denied 42 NY3d 905 [2024]). In any event, the mitigating factors cited by defendant were outweighed by the seriousness of the underlying sexual offenses, which involved sexually abusing one young girl and raping another (see People v Williams, 220 AD3d 512, 513 [1st Dept 2023], lv denied 41 NY3d 905 [2024]). Concur—Moulton, J.P., Gesmer, Pitt-Burke, Higgitt, Michael, JJ.