People v Aboy

2009 NY Slip Op 01591 [60 AD3d 436]

March 5, 2009

Appellate Division, First Department

As corrected through Wednesday, May 6, 2009

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

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett ofcounsel), and Chadbourne & Parke LLP, New York (Afiya M. Jordan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), forrespondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about January23, 2008, which adjudicated defendant a level two 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 vGuaman, 8 AD3d 545 [2004]). The mitigating factors cited by defendant were generallytaken into account by the risk assessment instrument. Furthermore, defendant engaged in sexacts with a particularly vulnerable victim. Concur—Tom, J.P., Moskowitz, Renwick andFreedman, JJ.