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The People of the State of New York, Respondent, v. Otto Gonell, Appellant

New York Supreme Court, Appellate Division2015-02-24
125 A.D.3d 5451 N.Y.S.3d 810

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Opinion

majority opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about November 27, 2013, which adjudicated defendant a level two sexual offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly 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 did not warrant such a departure, given the egregious circumstances of the underlying crime against a 13-year-old child and defendant’s overall criminal record, including his history of absconding and remaining a fugitive.

Concur — Tom, J.P., Andrias, Richter and Gische, JJ.