| People v Lamberty |
| 2007 NY Slip Op 09487 [45 AD3d 486] |
| November 29, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Ricardo Lamberty, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes of counsel), forrespondent.
Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about March 17,2006, which adjudicated defendant a level three sex offender and sexually violent offenderpursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed,without costs.
Defendant received effective assistance of counsel at his classification hearing. It isundisputed that the court correctly assessed 150 points, which is well over the threshold for alevel three adjudication. Even if we were to find that counsel's downward departure argumentinappropriately failed to address relevant factors, we would find that defendant was notprejudiced in any manner, since there is no indication that any special circumstances existed thatwould warrant such a departure (seePeople v Douglas, 18 AD3d 967, 968 [2005], lv denied 5 NY3d 710 [2005]; see also People v Guaman, 8 AD3d545 [2004]). Concur—Lippman, P.J., Nardelli, Buckley, Gonzalez and Sweeny, JJ.