People v Sheppard

People v Sheppard 2014 NY Slip Op 00594 Decided on February 4, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 4, 2014
Mazzarelli, J.P., Acosta, Saxe, Moskowitz, JJ.
11625 69A/87 261⅝7

[*1]The People of the State of New York, Respondent,

v

Herbert Sheppard, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Bonnie C.
Brennan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Karinna M.
Rossi of counsel), for respondent.

Order, Supreme Court, New York County (Patricia Nunez, J.), entered on or about November 18, 2010, 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 providently exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 NY3d 60, 70, cert denied sub nom. Knox v New York, 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]). Neither defendant's age (late 40s) nor any of the other factors cited by defendant warranted a downward departure, given the seriousness of his sex offenses against seven different victims, including offenses against a child (see e.g. People v Thomas, 105 AD3d 640 [1st Dept 2013], lv denied 21 NY3d 863 [2013]; People v Ward, 83 AD3d 561 [1st Dept 2011], lv denied 17 NY3d 707 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 4, 2014

CLERK