People v Ramirez

2007 NYSlipOp 03583

April 24, 2007

Appellate Division, First Department

As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent, v Robert Ramirez, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York (Cheryl P. Williams of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Joshua F. Magri of counsel), for respondent.

Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about August 29, 2005, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant's challenge to the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders is unavailing (see People v Bligen, 33 AD3d 489 [2006], lv denied 8 NY3d 803 [2007]; People v Joe, 26 AD3d 300 [2006], lv denied 7 NY3d 703 [2006]). There were no special circumstances warranting a downward departure (see People v Guaman, 8 AD3d 545 [2004]). Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.