People v Duggins
Annotate this CaseThe People of the State of New York, Respondent,
v
Jamel Duggins, Appellant.
—[*1] Steven Banks, The Legal Aid Society, New York (Annie Costanzo of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.
Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]), given the seriousness of the underlying conduct involving a child. Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and RomÁn, JJ.
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