Opinion
14301 Ind. No. 777/17 Case No. 2020-03764
10-05-2021
The PEOPLE of the State of New York, Respondent, v. Edward ROMAN, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth G. Caldwell of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth G. Caldwell of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.
Order, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), entered on or about July 8, 2020, 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 providently exercised its discretion in declining to grant a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). Defendant's successful completion of treatment programs and vocational training while in priso126n was adequately taken into account by the risk assessment instrument (see People v. Stuckey, 174 A.D.3d 454, 455, 101 N.Y.S.3d 846 [1st Dept. 2019] ), and defendant did not show that his response to treatment was exceptional (see People v. Santiago, 137 A.D.3d 762, 764, 26 N.Y.S.3d 339 [2d Dept. 2016]lv denied 27 N.Y.3d 907, 2016 WL 3151966 [2016] ). Defendant also failed to demonstrate how his family or community support reduced his particular likelihood of reoffense or danger to the community ( Stuckey, 174 A.D.3d at 455, 101 N.Y.S.3d 846 ). In any event, the alleged mitigating factors identified by defendant were outweighed by the seriousness of the underlying crime.