Opinion
No. 5440.
March 5, 2009.
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about January 23, 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.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), and Chadbourne Parke LLP, New York (Afiya M. Jordan of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Before: Tom, J.P., Moskowitz, Renwick and Freedman, JJ.
Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545). The mitigating factors cited by defendant were generally taken into account by the risk assessment instrument. Furthermore, defendant engaged in sex acts with a particularly vulnerable victim.