People v Fuentes

People v Fuentes 2016 NY Slip Op 08439 Decided on December 15, 2016 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 December 15, 2016
Acosta, J.P., Andrias, Moskowitz, Gische, Webber, JJ.
2467 1269/12

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

v

Danny Fuentes, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Lauren J. Springer of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.

Order, Supreme Court, Bronx County (Denis J. Boyle, J.), entered December 16, 2014, which adjudicated defendant a level two sex 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 (see People v Gillotti, 23 NY3d 841 [2014]). We do not find that there were any overassessments of points. Although the underlying sex crime against a child only resulted in a misdemeanor conviction, the circumstances of the crime were nevertheless serious, and they outweighed the mitigating factors defendant cites.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 15, 2016

CLERK