| People v Medina |
| 2010 NY Slip Op 04523 [73 AD3d 667] |
| May 27, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Eduardo Medina, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Lindsey M. Kneipper of counsel), forrespondent.
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or aboutDecember 13, 2007, which adjudicated defendant a level three sex offender pursuant to the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion in declining to grant a downward departure fromdefendant's presumptive risk level (seePeople v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Defendant's pointscore was far above the threshold for a level three offender, and his successful completion of atreatment program did not warrant a downward departure, particularly in light of his very seriousrecord of sex offenses against children. Concur—Tom, J.P., Friedman, Nardelli, Acostaand Abdus-Salaam, JJ.