People v Lugo

People v Lugo 2007 NY Slip Op 09334 [45 AD3d 477] November 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

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

—[*1] Steven Banks, The Legal Aid Society, New York City (Laura Lieberman Cohen of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Eleanor J. Ostrow of counsel), for respondent.

Order, Supreme Court, New York County (Charles Solomon, J.), entered on or about April 25, 2006, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). There were no mitigating factors not otherwise adequately taken into account by the guidelines. Concur—Tom, J.P., Mazzarelli, Saxe, Marlow and Williams, JJ.