People v Hingel

2008 NY Slip Op 03683 [50 AD3d 501]

April 24, 2008

Appellate Division, First Department

As corrected through Wednesday, June 18, 2008

The People of the State of New York,Respondent, v Richard Hingel, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Seon Jeong Lee ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), forrespondent.

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or aboutMarch 10, 2006, which adjudicated defendant a level two sex offender pursuant to the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

We reject defendant's challenges to the choice of risk factors made by the Legislature and theBoard of Examiners of Sex Offenders (see People v Bligen, 33 AD3d 489 [2006], lv denied 8NY3d 803 [2007]; People v Joe, 26AD3d 300 [2006], lv denied 7 NY3d 703 [2006]). In addition, defendant did notestablish any special circumstances warranting a downward departure from his presumptive risklevel (see People v Guaman, 8AD3d 545 [2004]). Concur—Lippman, P.J., Friedman, Sweeny and Moskowitz, JJ.