People v Pittman

2014 NY Slip Op 00300 [113 AD3d 497]

January 21, 2014

Appellate Division, First Department

As corrected through Wednesday, March 5, 2014

The People of the State of New York,Respondent, v Lionel Pittman, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan ofcounsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), forrespondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or aboutJune 22, 2012, which adjudicated defendant a level two sexually violent offenderpursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimouslyaffirmed, without costs.

The court providently exercised its discretion in declining to grant defendant adownward departure to level one (see People v Cintron, 12 NY3d 60, 70 [2009],cert denied 558 US 1011 [2009]; People v Mingo, 12 NY3d 563, 568 n 2 [2009]). The riskassessment instrument adequately took into account the absence of a prior sex crime anddefendant's prison record. Further, neither defendant's age (late 40s) nor any of the otherfactors he relied on warranted a downward departure in light of the seriousness of hisoffense against two very young children (see e.g. People v Thomas, 105 AD3d640 [1st Dept 2013], lv denied 21 NY3d 863 [2013]). Concur—Tom,J.P., Saxe, Moskowitz, Gische and Clark, JJ.