Opinion
No. 4962.
January 6, 2009.
Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about August 15, 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 (Steven J. Miraglia of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.
Before: Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ.
Defendant, who was assessed 20 points more than the threshold for a level three adjudication, received a downward departure to level two, and the court properly exercised its discretion in declining to grant a further departure to level one ( see People v Guaman, 8 AD3d 545). The departure to level two sufficiently addressed the mitigating factors cited by defendant.