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The People of the State of New York, Respondent, v. Robert Bonds, Appellant

New York Supreme Court, Appellate Division2016-03-03
137 A.D.3d 45625 N.Y.S.3d 878

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Opinion

majority opinion

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about July 25, 2013, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Regardless of whether defendant’s correct point score is 140 or, as he claims, 115 points, we find no basis for a discretionary downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors raised by defendant were adequately accounted for in the risk assessment instrument, or were outweighed by the seriousness of defendant’s underlying offenses.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.