| People v Solar |
| 2025 NY Slip Op 06552 [243 AD3d 531] |
| November 25, 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 Felipe Solar, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Cathy Liu of counsel) for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Stacie Nadel of counsel) for respondent.
Crimes
- Sex Offenders
- Sex Offender Registration Act
- Downward Departure
Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about September 23, 2022, which adjudicated defendant a level three sexually violent predicate offender pursuant to the Sex Offender Registration Act (Correctional 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, 861 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument. There is no basis for a downward departure, given the egregiousness of the underlying crimes and the danger that a reoffense by defendant would cause a high degree of harm (see People v Roldan, 140 AD3d 411 [1st Dept 2016], lv denied 28 NY3d 904 [2016]). Defendant has not shown that his rehabilitative efforts, his family support, or his age warrant a downward departure. Concur—Webber, J.P., Kennedy, González, Higgitt, Michael, JJ.