| People v Thomas |
| 2013 NY Slip Op 02826 [105 AD3d 640] |
| April 25, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Eric Thomas, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Melanie A. Sarver of counsel), forrespondent.
Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or aboutFebruary 4, 2011, which adjudicated defendant a level three sex offender pursuant to theSex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, withoutcosts.
The court providently exercised its discretion in declining to grant a downwarddeparture to level two (see People v Cintron, 12 NY3d 60, 70 [2009], certdenied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]).Neither defendant's age (late 40s) nor any of the other factors cited by defendantwarranted a downward departure, given such factors as the seriousness of his sex offenseagainst two young children (seee.g. People v Gajadhar, 103 AD3d 572 [1st Dept 2013]; People v Ward, 83 AD3d561 [1st Dept 2011], lv denied 17 NY3d 707 [2011]). Concur—Tom,J.P., Acosta, Román, Feinman and Clark, JJ.