Opinion
2012-06-21
The PEOPLE of the State of New York, Respondent, v. David LEE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole A. Coviello of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole A. Coviello of counsel), for respondent.
Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about October 11, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art. 6–C), unanimously affirmed, without costs.
The court providently exercised its discretion in granting a downward departure to risk level two while declining to grant a further departure ( see People v. Mingo, 12 N.Y.3d 563, 568 n. 2, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009];People v. Johnson, 11 N.Y.3d 416, 421, 872 N.Y.S.2d 379, 900 N.E.2d 930 [2008] ). The court properly determined, after balancing the evidence of defendant's rehabilitative efforts against the extreme seriousness of his criminal *859conduct, that a downward departure to the lowest risk level would not be warranted.