People v. O'Connor

Order, Supreme Court, New York County (Patricia M. Núñez, J.), entered on or about July 7, 2016, 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.

The court providently exercised its discretion when it declined to grant defendant’s request for a downward departure to level two (see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s prior felony sex crime conviction automatically resulted in an override to a risk level three, regardless of any point assessments, and…