People v Borreo

People v Borreo 2009 NY Slip Op 07676 [66 AD3d 580] October 27, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Albert Borreo, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about October 3, 2008, 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 any special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors asserted by defendant were adequately taken into account by the analysis under the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary. Concur—Mazzarelli, J.P., Andrias, Moskowitz, Renwick and Richter, JJ.