| People v VanDover |
| 2007 NY Slip Op 08145 [45 AD3d 926] |
| November 1, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Edward VanDover, Appellant. |
—[*1] Beth G. Cozzolino, District Attorney, Hudson (H. Neal Conolly of counsel), forrespondent.
Mugglin, J. Appeal from an order of the County Court of Columbia County (Czajka, J.),entered June 16, 2006, which denied defendant's application pursuant to Correction Law §168-o (2) for reclassification of his risk level sex offender status.
When the issue of defendant's risk level classification was previously before us, we foundthat County Court did not abuse its discretion in refusing to grant a downward departure from thepresumptive risk assessment level of II to level I (Matter of VanDover v Czajka, 276AD2d 945 [2000]). We did, however, find that County Court abused its discretion in ordering anupward departure to risk assessment level III (see id.). In this proceeding, County Courtagain denied defendant's application to have his risk assessment reduced to level I, and heappeals.
Many of the factors which defendant now relies upon for the requested downward departurewere previously considered by us in reducing his risk assessment from level III to level II. We areunpersuaded, as was County Court, that any additional factors urged by defendant warrant furtherdownward modification (see People vRamos, 39 AD3d 1020, 1021 [2007]).
Mercure, J.P., Peters, Spain and Carpinello, JJ., concur. Ordered that the order is affirmed,without costs.