People v DeJesus

2008 NY Slip Op 08194 [55 AD3d 472]

October 28, 2008

Appellate Division, First Department

As corrected through Wednesday, December 10, 2008

The People of the State of New York,Respondent, v Esteban DeJesus, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel),for appellant.

Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), forrespondent.

Order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered on or about March 15,2007, which adjudicated defendant a level three sex offender pursuant to the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish special circumstances warranting a downward departure from hispresumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigatingfactors cited by defendant were generally taken into account by the Risk Assessment Guidelines.Concur—Tom, J.P., Saxe, Williams, Catterson and Moskowitz, JJ.