People v. Gudino

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Marianne Stracquadanio of counsel), for respondent.

Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered April 11, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act Correction Law art. 6–C), unanimously affirmed, without costs.

Initially, we reject the People's argument that, because defendant has been deported, we should decline to hear his appeal (see People v. Edwards, 117 A.D.3d 418, 985 N.Y.S.2d 43 [1st Dept.2014] ).

The court properly exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by

defendant were adequately taken into account by the guidelines, or did not warrant a downward departure under the totality of the circumstances, including the egregiousness of the underlying sex crime against a child.

TOM, J.P., FRIEDMAN, SAXE, GISCHE, JJ., concur.