People v Kitt

People v Kitt 2008 NY Slip Op 00189 [47 AD3d 456] January 15, 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
Anthony Kitt, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Elizabeth B. Emmons of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Eleanor J. Ostrow of counsel), for respondent.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about February 17, 2006, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 30 points for defendant's prior violent felony conviction for possessing a loaded firearm, and the alleged remoteness in time of that conviction did not warrant a downward departure (see People v Oginski, 35 AD3d 952 [2006]). Defendant did not demonstrate any other circumstances warranting a downward departure from his presumptive level two classification (see People v Guaman, 8 AD3d 545 [2004]).

Although defendant challenges a 15-point assessment for having a history of alcohol abuse, defendant's score exceeded the threshold for a level two adjudication even without those points. In any event, we reject defendant's arguments concerning that assessment. Concur—Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.