| People v Johnson |
| 2007 NY Slip Op 08109 [44 AD3d 571] |
| October 30, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Arthur Johnson, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Eric Rosen of counsel), forrespondent.
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about June14, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly invoked the presumptive override for a recent threat to reoffend bycommitting a sexual or violent crime. The 59-year-old defendant, who has been incarcerated forapproximately 35 years, was released on parole briefly in 1985, upon which he almostimmediately committed a new and very serious sex crime. To the extent that defendant is arguingthat the override does not apply to his situation, that argument is waived, and without merit inany event. The court's determination that the defendant was a level three risk, based upon thepresumptive recent threat override, was supported by clear and convincing evidence, and neitherdefendant's age nor the likelihood of his continued incarceration warranted a downward departure(see e.g. People v Cadorette,41 AD3d 808 [2007]). Concur—Lippman, P.J., Andrias, Williams, Buckley andKavanagh, JJ.