People v Galloway

People v Galloway 2012 NY Slip Op 02259 Decided on March 27, 2012 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 March 27, 2012
Saxe, J.P., Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ.
7184 4338/07

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

v

Tracy Galloway, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Michael C.
Taglieri of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Marc Weber
of counsel), for respondent.

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about January 20, 2010, 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 correctly applied the presumptive override for a prior felony sex crime conviction. Additionally, the court providently exercised its discretion in declining to grant a downward departure. We note that defendant was arrested for fondling his most recent victim while he was on parole for a prior conviction for sexual abuse in the first degree. Additionally, defendant was on his way to his sex offender treatment when he assaulted this victim. As in People v Corian (77 AD3d 590 [2010], lv denied 16 NY3d 705 [2011]), this defendant "has demonstrated an extremely high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not of a type to warrant a level three designation is unpersuasive."

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

ENTERED: MARCH 27, 2012

CLERK