Opinion
2012-03206.
04-29-2015
PEOPLE of State of New York, respondent, v. Jason CALLENDAR, appellant.
Seymour W. James, Jr., New York, N.Y. (Susan Epstein of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Susan Epstein of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Opinion Appeal by the defendant from an order of the Supreme Court, Kings County (DiMango, J.), dated March 23, 2012, which, after a hearing, adjudicated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.Contrary to the defendant's contention, he was properly assessed points for risk factor 14 (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 17 [2006] [hereinafter the Guidelines] ). The People demonstrated, by clear and convincing evidence, that the defendant's release from State custody was not conditioned upon any course of supervision (see People v. McNeil, 116 A.D.3d 1018, 1018, 983 N.Y.S.2d 906 ; People v. Rouff, 49 A.D.3d 517, 517, 855 N.Y.S.2d 157 ; cf. People v. Lewis, 37 A.D.3d 689, 690, 830 N.Y.S.2d 312 ). Furthermore, contrary to the defendant's contention, the Supreme Court lacked the discretion to downwardly depart from the presumptive risk level, since the defendant failed to identify a mitigating factor not otherwise adequately taken into account by the Guidelines (see People v. Sooknanan, 119 A.D.3d 540, 540, 988 N.Y.S.2d 267 ; People v. Reede, 113 A.D.3d 663, 664, 978 N.Y.S.2d 683 ; People v. Martinez, 104 A.D.3d 924, 925, 962 N.Y.S.2d 336 ).
MASTRO, J.P., DILLON, HALL and MILLER, JJ., concur.