General

The People of the State of New York, Respondent, v. Louis Burgos, Appellant

123 A.D.3d 615996 N.Y.S.2d 917·New York Supreme Court, Appellate Division·2014·NY

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

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Opinion

The People of the State of New York, Respondent, v Louis Burgos, Appellant. [996 NYS2d 917] [MAJORITY] Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about October 20, 2011, 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 properly exercised its discretion when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s conduct and accomplishments while incarcerated were not so extraordinary as to warrant a departure from his presumptive risk level, given the seriousness of the underlying crime against a five-year-old child. Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.