| People v Harrison |
| 2010 NY Slip Op 05690 [74 AD3d 688] |
| June 29, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Francis Harrison, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), forrespondent.
Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or aboutFebruary 20, 2008, 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, 418, 421 [2008]). Defendant'spoint score was well above the threshold for a level three offender, and the fact that he was 60years old at the time of the adjudication did not warrant a downward departure, especially inlight of his violent criminal behavior, his prior history of sexual misconduct, his unsatisfactoryrecord while incarcerated, and his recent parole violation. Concur—Tom, J.P., Sweeny,Catterson, McGuire and RomÁn, JJ.