Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Albert Carlo, Appellant
146 A.D.3d 68144 N.Y.S.3d 906·New York Supreme Court, Appellate Division·2017·NY
Concur — Acosta, J.P., Mazzarelli, Feinman and Webber, JJ.
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Opinion
The People of the State of New York, Respondent, v Albert Carlo, Appellant.
[44 NYS3d 906]
[MAJORITY]
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), rendered September 10, 2014, which adjudicated defendant a level two sexually violent 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]), in light of the seriousness of the underlying sex crime, committed with the use of force on a related minor, and defendant’s prior criminal history, which includes a violent felony conviction. Defendant failed to elaborate on his medical conditions or present any detailed evidence to suggest that a level two adjudication overassesses his dangerousness and risk of sexual recidivism (id. at 861). We have considered and rejected defendant’s remaining arguments for a downward departure.
Concur — Acosta, J.P., Mazzarelli, Feinman and Webber, JJ.