People v. Camacho

Summary

The Appellate Division, First Department unanimously affirmed an order adjudicating Paulino Camacho a level three sexually violent predicate sex offender under the Sex Offender Registration Act. The court held that the lower court providently exercised its discretion in declining a downward departure, citing Camacho’s extensive criminal history and the absence of mitigating factors sufficient to warrant departure.

Holdings

1. Supreme Court providently exercised its discretion in denying Camacho's request for a downward departure from the level three sex-offender classification.
2. The Gillotti downward-departure analysis applies in full even when the defendant's level three classification is based on an override.

Questions Presented

1. Whether Supreme Court providently exercised its discretion in declining to grant a downward departure from the level three sex-offender risk classification.
2. Whether the Gillotti downward-departure analysis applies when the level three classification is based on an override.

Disposition

affirmed