General
The People of the State of New York, Respondent, v. Danny Fuentes, Appellant
145 A.D.3d 54741 N.Y.S.3d 893·New York Supreme Court, Appellate Division·2016·NY
Concur— Acosta, J.P., Andrias, Moskowitz, Gische and Webber, JJ.
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Opinion
The People of the State of New York, Respondent, v Danny Fuentes, Appellant.
[41 NYS3d 893]
[MAJORITY]
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 overassess-ments 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.
Concur— Acosta, J.P., Andrias, Moskowitz, Gische and Webber, JJ.