People v Cosme

People v Cosme 2007 NY Slip Op 09887 [46 AD3d 323] December 13, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Pedro Cosme, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Joanne Legano Ross of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila O'Shea of counsel), for respondent.

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about July 5, 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 any special circumstances warranting a downward departure from his risk level (see People v Guaman, 8 AD3d 545 [2004]), which was based on the presumptive override for a prior felony sex crime conviction. Defendant's criminal record, which included multiple convictions for the same type of sex crime, most recently committed in both 2002 and 2004, demonstrated a high risk of recidivism that was not outweighed by the mitigating factors advanced by defendant. Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ.