People v Baez

2010 NY Slip Op 07070 [77 AD3d 406]

October 5, 2010

Appellate Division, First Department

As corrected through Wednesday, December 15, 2010

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

—[*1]Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.

Order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered on or about August 14,2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender RegistrationAct (Correction Law art 6-C), unanimously affirmed, without costs.

Although defendant challenges a particular 15-point assessment, even without that assessment hewould remain a level two offender, and we find no basis for a discretionary 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]). The mitigatingcircumstances cited by defendant were adequately taken into account by the risk assessmentinstrument. Concur—Saxe, J.P., Nardelli, McGuire, Freedman and Abdus-Salaam, JJ.