People v Turner

People v Turner 2009 NY Slip Op 09546 [68 AD3d 640] December 22, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Charada Turner, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.

Order, Supreme Court, New York County (Laura A. Ward, J.), entered October 14, 2008, which adjudicated defendant a level three sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Regardless of whether defendant's correct point score is 120, as he contends, or 175, as contended by the People, there is no basis for a discretionary downward departure, particularly in light of defendant's pattern of violent sexual offenses (see generally People v Guaman, 8 AD3d 545 [2004]). Concur—Sweeny, J.P., Catterson, Renwick, Freedman and Abdus-Salaam, JJ.