People v Reid

People v Reid 2011 NY Slip Op 05873 Decided on July 7, 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 July 7, 2011
Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam, Román, JJ. 5523-
5524 6541/06

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

v

Roger Reid, Defendant-Appellant.



 
Steven Banks, The Legal Aid Society, New York (Ellen Dille of
counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sara M.
Zausmer of counsel), for respondent.

Order, Supreme Court, New York County (Bonnie Wittner, J.), entered on or about June 8, 2009, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in declining to grant a downward departure. The underlying crime was defendant's sixth sex offense since 1994. Defendant had already been adjudicated a level three sex offender on one of his other cases. In affirming that adjudication order, this Court noted that defendant's "extensive record of similar acts of sexual abuse demonstrated a high risk of recidivism" (People v Reid, 49 AD3d 338, 339 [2008], lv denied 10 NY3d 713 [2008]).

Given defendant's apparently uncontrollable recidivism, his "argument that the type of misconduct in which he habitually engages is not serious enough to warrant a level three designation is unpersuasive" (People v Corian, 77 AD3d 590, 590 [2010], lv denied 16 NY3d 705 [2011]).

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

ENTERED: JULY 7, 2011

CLERK