Opinion
No. 3290.
October 5, 2010.
Order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered on or about August 14, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.
Before: Saxe, J.P., Nardelli, McGuire, Freedman and Abdus-Salaam, JJ.
Although defendant challenges a particular 15-point assessment, even without that assessment he would remain a level two offender, and we find no basis for a discretionary downward departure from defendant's presumptive risk level ( see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421). The mitigating circumstances cited by defendant were adequately taken into account by the risk assessment instrument.