People v Molina

People v Molina 2012 NY Slip Op 06368 Decided on September 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 September 27, 2012
Friedman, J.P., Acosta, Abdus-Salaam, Manzanet-Daniels, Román, JJ.
8107 2911/08

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

v

Wilfredo Molina, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Lauren Stephens-Davidowitz of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Orrie A. Levy of
counsel), for respondent.

Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about October 1, 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.

Regardless of whether defendant's correct point score is 110 or 115, there is no basis for a discretionary downward departure to level two (see People v Pettigrew, 14 NY3d 406, 409 [2010]). The underlying offense was a predatory sex crime against a minor, and its seriousness outweighs the mitigating factors asserted by defendant.

We have considered and rejected defendant's remaining claims.

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

ENTERED: SEPTEMBER 27, 2012

CLERK