| People v Gajadhar |
| 2013 NY Slip Op 01211 [103 AD3d 572] |
| February 26, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Kamal Gajadhar, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), forrespondent.
Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on orabout June 14, 2011, which adjudicated defendant a level two sexually violent offenderpursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimouslyaffirmed, without costs.
The court properly exercised its discretion in declining to grant a downwarddeparture from defendant's presumptive risk level (see People v Cintron, 12NY3d 60, 70 [2009], sub nom. Knox v New York, 558 US 1011 [2009]; People v Johnson, 11 NY3d416, 418, 421 [2008]). The circumstances of the underlying crime were egregious,and they indicated a potential that a reoffense by defendant would cause a high degree ofharm. Defendant has not shown that his age (late 40s) or any of the other factors he citeswarranted a downward departure. Concur—Friedman, J.P., Saxe, Moskowitz,DeGrasse and Román, JJ.