People v. McNeely

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 13, 2011, which adjudicated defendant a level two sex 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]). Defendant’s successful completion of sex offender treatment while in prison was adequately taken into account by the risk assessment instrument. Defendant’s assertion that he poses a diminished risk of…