People v Echevarria

People v Echevarria 2008 NY Slip Op 00164 [47 AD3d 437] January 10, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
Raul Echevarria, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Karen M. Kalikow of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Julie Paltrowitz of counsel), for respondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 26, 2006, 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 People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication, and we perceive no basis for a discretionary downward departure (see People v Guaman, 8 AD3d 545 [2004]). We have considered and rejected defendant's remaining arguments. Concur—Tom, J.P., Saxe, Friedman and Williams, JJ.