People v Galarza

People v Galarza 2010 NY Slip Op 06692 [76 AD3d 906] September 23, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 27, 2010

The People of the State of New York, Respondent,
v
Robert Galarza, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for respondent.

Order, Supreme Court, Bronx County (Joseph J. Dawson, J.), entered on or about September 12, 2007, 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]). Defendant's lack of a prior criminal record was adequately taken into account by the risk assessment instrument (see People v Hansford, 67 AD3d 496 [2009]). Defendant's remaining arguments are based upon scientific studies not presented to the hearing court, or are otherwise unpersuasive. Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and RomÁn, JJ.