People v Quinones

People v Quinones 2016 NY Slip Op 03151 Decided on April 27, 2016 Appellate Division, Second 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 27, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
2013-04636

[*1]People of State of New York, respondent,

v

Vinnie Quinones, appellant.

Seymour W. James, Jr., New York, NY (Andrea L. Bible of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 24, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

A departure from the presumptive risk level is warranted where "there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account" by the Sex Offender Registration Act guidelines (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Wyatt, 89 AD3d 112, 119; People v Bussie, 83 AD3d 920, 920-921). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure, and accordingly, properly designated him a level two sex offender (see People v Wood, 112 AD3d 602; People v Wyatt, 89 AD3d at 131; People v Mondo, 88 AD3d 676; People v Padro, 84 AD3d 1046).

BALKIN, J.P., SGROI, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court