People v Lee

People v Lee 2012 NY Slip Op 05073 Decided on June 21, 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 June 21, 2012
Tom, J.P., Andrias, Friedman, Moskowitz, Renwick, JJ.
7992 640⅞2

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

v

David Lee, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Nicole A.
Coviello of counsel), for respondent.

Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about October 11, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in granting a downward departure to risk level two while declining to grant a further departure (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The court properly determined, after balancing the evidence of defendant's rehabilitative efforts against the extreme seriousness of his criminal conduct, that a downward departure to the lowest risk level would not be warranted.

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

ENTERED: JUNE 21, 2012

DEPUTY CLERK