| People v Padilla |
| 2014 NY Slip Op 02681 [116 AD3d 566] |
| April 17, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Oscar Padilla, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), forrespondent.
Order, Supreme Court, New York County (Carol A. Berkman, J.), entered on orabout June 23, 2011 which adjudicated defendant a level two sex offender under the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, withoutcosts.
Clear and convincing evidence supported the court's assessment of 15 points fordefendant's history of substance abuse, since defendant admitted to regular use ofecstasy, marijuana and alcohol. We reject defendant's argument that the use of theseillegal substances is akin to occasional social drinking (see People v Palmer, 20 NY3d373 [2013]). Clear and convincing evidence likewise supported the court'sassessment of 20 points for defendant's establishment of a relationship for the purpose ofvictimization, since the record supports the inference that he established a relationshipwith the victim, a stranger to him, for the purpose of sexual activity, including employingher as a prostitute.
The court properly exercised its discretion when it declined to grant a downwarddeparture (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558US 1011 [2009]; People vJohnson, 11 NY3d 416, 421 [2008]). Defendant did not demonstrate anymitigating factors not taken into account by the risk assessment instrument that wouldwarrant a downward departure, given the seriousness of the underlying conduct.Concur—Friedman, J.P., Sweeny, Andrias, Gische and Clark, JJ.