People v Robles

People v Robles 2008 NY Slip Op 01408 [48 AD3d 286] February 14, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 16, 2008

The People of the State of New York, Respondent,
v
Juan Robles, 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 (Sheryl Feldman 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.

Defendant did not establish mitigating factors, not otherwise adequately taken into account by the guidelines, that warranted a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). Concur—Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.