People v. Diaz

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered March 18, 2015, which adjudicated defendant a level two sexually violent 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. Defendant’s assertion that the court improperly failed to follow the three-step procedure set out in People v Gillotti (23 NY3d 841, 861 [2014]) is unpreserved and we decline to reach it in the interest of justice. As an alternative holding, we…