People v Ward

2011 NY Slip Op 03185 [83 AD3d 561]

April 21, 2011

Appellate Division, First Department

As corrected through Wednesday, June 8, 2011

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

—[*1]Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), forappellant.

Cyrus R. Vance, Jr., District Attorney, New York (Mary C. Farrington of counsel), forrespondent.

Order, Supreme Court, New York County (John Cataldo, J.), entered on or about December1, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant defendant a downwarddeparture from his presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416,421 [2008]). The mitigating factors he cites are unpersuasive, and were in any event outweighedby the seriousness of the underlying sex crime against a very young child (see e.g. People v Mantilla, 70 AD3d477, 478 [2010], lv denied 15 NY3d 706 [2010]; People v Rodriguez, 67 AD3d 596, 597 [2009], lv denied14 NY3d 706 [2010]). Concur—Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaamand RomÁn, JJ.