Opinion
No. 4864.
April 21, 2011.
Order, Supreme Court, New York County (John Cataldo, J.), entered on or about December 1, 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.
Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Mary C. Farrington of counsel), for respondent.
Before: Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and Román, JJ.
The court providently exercised its discretion in declining to grant defendant a downward departure from his presumptive risk level ( See People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421). The mitigating factors he cites are unpersuasive, and were in any event outweighed by the seriousness of the underlying sex crime against a very young child ( see e.g. People v Mantilla, 70 AD3d 477, 478, lv denied 15 NY3d 706; People v Rodriguez, 67 AD3d 596, 597, lv denied 14 NY3d 706).