People v. Hamilton

138 A.D.3d 1082, 28 N.Y.S.3d 899

Opinion

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 24, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account” by the Sex Offender Registration Act guidelines (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Wyatt, 89 AD3d 112, 119 [2011]; People v Bussie, 83 AD3d 920, 920-921 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure, and accordingly, properly designated him a level two sex offender (see People v Wood, 112 AD3d 602 [2013]; People v Wyatt, 89 AD3d at 131; People v Mondo, 88 AD3d 676 [2011]; People v Padro, 84 AD3d 1046 [2011]).

Balkin, J.P., Sgroi, Duffy and Connolly, JJ., concur.