People v Ward

People v Ward 2011 NY Slip Op 03185 Decided on April 21, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 21, 2011
Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam, Román, JJ.
4864 2380/90

[*1]The People of the State of New York, Respondent,

v

Darrick Ward, Defendant-Appellant.



 
Steven Banks, The Legal Aid Society, New York (Nancy E.
Little of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Mary C.
Farrington of counsel), for respondent.

Order, Supreme Court, New York County (John Cataldo, J.), entered on or about December 1, 2008, 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 providently exercised its discretion in declining to grant defendant a downward departure from his presumptive risk level (see People v Mingo , 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 2008]). The mitigating factors he cites are unpersuasive, and were in any event outweighed by the seriousness of the underlying sex crime against a very young child (see e.g. People v Mantilla, 70 AD3d 477, 478 [2010], lv denied 15 NY3d 706 [2010]; People v Rodriguez, 67 AD3d 596, 597 [2009], lv denied 14 NY3d 706 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 21, 2011.

CLERK