General

The People of the State of New York, Respondent, v. Viscount Washington, Appellant

143 A.D.3d 41838 N.Y.S.3d 418·New York Supreme Court, Appellate Division·2016·NY

Concur — Tom, J.P., Sweeny, Andrias, Webber and Gesmer, JJ.

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Opinion

The People of the State of New York, Respondent, v Viscount Washington, Appellant. [38 NYS3d 418] [MAJORITY] Order, Supreme Court, New York County (Michael J. Obús, J.), entered on or about March 24, 2015, 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 undisputed serious physical injury inflicted by defendant automatically resulted in an override to risk level three (see People v Howard, 27 NY3d 337, 342 [2016]). The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument, and the record does not establish any basis for a downward departure, given the egregiousness of the underlying crime. Concur — Tom, J.P., Sweeny, Andrias, Webber and Gesmer, JJ.