| People v Navarro |
| 2025 NY Slip Op 06261 [243 AD3d 454] |
| November 13, 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 Bulfrano Navarro, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Alec Miran of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Addison Eisley of counsel), for respondent.
Crimes
- Sex Offenders
- Sex Offender Registration Act
- Downward Departure
Order, Supreme Court, New York County (Abraham Clott, J.), entered on or about December 11, 2023, 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 in adjudicating defendant a level two sex offender and declining to grant a downward departure, and we perceive no basis for substituting our own discretion in this regard (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 or were outweighed by the seriousness of the underlying crime, which consisted of raping a sleeping six-year-old boy (see People v Eaddy, 152 AD3d 427 [1st Dept 2017]). Concur—Kern, J.P., Friedman, Kapnick, Shulman, Hagler, JJ.