People v Genao

People v Genao 2017 NY Slip Op 08641 Decided on December 12, 2017 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 12, 2017
Tom, J.P., Renwick, Gische, Oing, Singh, JJ.
5194 1427/05

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

v

Nelson Genao, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of counsel), for respondent.

Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about May 6, 2014, 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The various mitigating factors cited by defendant, such as his age and lack of a prior criminal record, were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying sex crimes committed against multiple victims, as young as nine years old, which continued for many years.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 12, 2017

CLERK