| People v Johnson |
| 2008 NY Slip Op 09719 [57 AD3d 294] |
| December 11, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v CarlJohnson, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), forrespondent.
Order, Supreme Court, New York County (Renee A. White, J.), entered on or aboutSeptember 12, 2006, which adjudicated defendant a level two sex offender pursuant to the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Although defendant disputes a 10-point assessment under the risk factor for forciblecompulsion, that challenge, if accepted by this Court, would only reduce his point score to 90points, which is more than enough for a level two classification. Accordingly, we need notdetermine whether there was clear and convincing evidence of forcible compulsion.
Defendant did not establish any special circumstances warranting a discretionary downwarddeparture from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The court did not placeundue emphasis on the points it assessed for defendant's prior record, and the mitigating factorshe cited were taken into account by the Risk Assessment Guidelines. We have considered andrejected defendant's remaining arguments. Concur—Friedman, J.P., McGuire, Acosta,DeGrasse and Freedman, JJ.