People v Stephenson

People v Stephenson 2007 NY Slip Op 04692 [41 AD3d 112] Decided on June 5, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2007
Tom, J.P., Mazzarelli, Andrias, Williams, McGuire, JJ.
1235
Ind. 9041/91

[*1]The People of the State of New York, Respondent,

v

Roland Stephenson, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Ellen Dille of
counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Nicole
Beder of counsel), for respondent.

Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about January 20, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish a special circumstance warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). Defendant's point score was well over the threshold for a level three adjudication, his underlying crimes were very serious, and his claim that his
evidence of rehabilitation nevertheless warrants a departure is unpersuasive.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2007

CLERK