| People v Meyer |
| 2010 NY Slip Op 05814 [75 AD3d 666] |
| July 1, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RobertMeyer, Appellant. |
—[*1] James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), forrespondent.
Peters, J. Appeal from an order of the County Court of Sullivan County (Ledina, J.), enteredSeptember 18, 2007, which classified defendant as a risk level three sex offender pursuant to theSex Offender Registration Act.
Defendant was charged in a 57-count indictment with numerous sex offenses arising out ofhis sexual abuse of his twin stepdaughters—one of whom suffers from cerebralpalsy—that began when the girls were seven years old and continued over the course ofthe next six years. Defendant pleaded guilty to rape in the first degree and sodomy in the seconddegree and was ultimately sentenced to 5
Preliminarily, we disagree with defendant's claim that a downward departure in his sexoffender classification would further the interest of justice. Turning to the merits, clear andconvincing evidence—in the form of the case summary, the victims' statements andpresentence investigation report (seePeople v Legall, 63 AD3d 1305, 1306 [2009], lv denied 13 NY3d 706[2009])—supports County Court's decision to assign 20 points on the risk assessmentinstrument due to the physical helplessness of one of the victims (see generally People v Ramirez, 53AD3d 990, 990-991 [2008], lv denied 11 NY3d 710 [2008]). Further, even were weto agree that [*2]County Court improperly assessed defendant 10points for failing to accept responsibility for his conduct, defendant's resulting score of 125points would still place him in the risk level three category (see People v Bateman, 59 AD3d 788, 789 [2009]). Accordingly,we will not disturb County Court's determination.
Cardona, P.J., Spain, McCarthy and Egan Jr., JJ., concur. Ordered that the order is affirmed,without costs.