People v Rodriguez

People v Rodriguez 2008 NY Slip Op 00195 [47 AD3d 459] 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
Daniel Rodriguez, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Michael S. Morgan of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about April 19, 2005, 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 exercised its discretion in denying a downward departure from defendant's presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). Defendant's achievements and his good behavior after his release from prison were outweighed by the seriousness of the underlying sex crime and the fact that his point score was nearly enough for a level three adjudication. Concur—Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.