| People v Sheppard |
| 2014 NY Slip Op 00594 [114 AD3d 405] |
| February 4, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Herbert Sheppard, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Rossi of counsel), forrespondent.
Order, Supreme Court, New York County (Patricia Nunez, J.), entered on or aboutNovember 18, 2010, which adjudicated defendant a level three 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 a downwarddeparture to level two (see People v Cintron, 12 NY3d 60, 70 [2009], certdenied sub nom. Knox v New York, 558 US 1011 [2009]; People v Johnson, 11 NY3d416, 418, 421 [2008]). Neither defendant's age (late 40s) nor any of the other factorscited by defendant warranted a downward departure, given the seriousness of his sexoffenses against seven different victims, including offenses against a child (seee.g. People v Thomas,105 AD3d 640 [1st Dept 2013], lv denied 21 NY3d 863 [2013]; People v Ward, 83 AD3d561 [1st Dept 2011], lv denied 17 NY3d 707 [2011]).Concur—Mazzarelli, J.P., Acosta, Saxe and Moskowitz, JJ.