Opinion
04-27-2016
PEOPLE of State of New York, respondent, v. Vinnie QUINONES, appellant.
Seymour W. James, Jr., New York, N.Y. (Andrea L. Bible of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Andrea L. Bible of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 24, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account” by the Sex Offender Registration Act guidelines (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v. Wyatt, 89 A.D.3d 112, 119, 931 N.Y.S.2d 85; People v. Bussie, 83 A.D.3d 920, 920–921, 920 N.Y.S.2d 718). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure, and accordingly, properly designated him a level two sex offender (see People v. Wood, 112 A.D.3d 602, 975 N.Y.S.2d 910; People v. Wyatt, 89 A.D.3d at 131, 931 N.Y.S.2d 85; People v. Mondo, 88 A.D.3d 676, 930 N.Y.S.2d 482; People v. Padro, 84 A.D.3d 1046, 922 N.Y.S.2d 808).
BALKIN, J.P., SGROI, DUFFY and CONNOLLY, JJ., concur.