People v Verdelli (Gian)

[*1] People v Verdelli (Gian) 2014 NY Slip Op 51410(U) Decided on September 22, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 22, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570250/11

The People of the State of New York, Respondent, -

against

Gian Verdelli, Defendant-Appellant.

Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Neil E. Ross, J.), entered June 14, 2011, which, after a hearing, designated him a level two sex offender and a predicate sex offender pursuant to the Sex Offender Registration Act.

Per Curiam.

Order (Neil E. Ross, J.), entered June 14, 2011, modified by vacating the determination that defendant is a predicate sex offender and, as modified, affirmed.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level two sex offender adjudication. Defendant's challenge to the 30-point assessment based upon his prior criminal history is lacking in merit, since he was previously convicted of a misdemeanor sex offense (see People v Kraeger, 42 AD3d 944 [2007]; People v Davis, 38 Misc 3d 127[A], 2012 NY Slip Op 52362[U] [App Term, 1st Dept 2012], lv dismissed 20 NY3d 1093 [2013]). The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). However, as the People concede, the court erred in classifying defendant as a predicate sex offender.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concur I concur
Decision Date: September 22, 2014