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The People of the State of New York, Respondent, v. Ronald Biavaschi, Appellant

New York Supreme Court, Appellate Division2018-01-09
157 A.D.3d 46966 N.Y.S.3d 439

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Opinion

majority opinion

Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about July 6, 2016, 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 when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were outweighed by the seriousness of the underlying crime, which involved the forcible, predatory rape of a young child. Defendant failed to sufficiently 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. We have considered and rejected defendant’s remaining arguments.

Concur—Friedman, J.P., Richter, Gesmer, Kern and Moulton, JJ.