Opinion
Nos. 5523, 5524.
July 7, 2011.
Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about June 8, 2009, which adjudicated defendant a level three 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 (Ellen Dille of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for respondent.
Before: Concur — Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam and Roman, JJ.
The court properly applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in declining to grant a downward departure. The underlying crime was defendant's sixth sex offense since 1994. Defendant had already been adjudicated a level three sex offender on one of his other cases. In affirming that adjudication order, this Court noted that defendant's "extensive record of similar acts of sexual abuse demonstrated a high risk of recidivism" ( People v Reid, 49 AD3d 338, 339, lv denied 10 NY3d 713).
Given defendant's apparently uncontrollable recidivism, his "argument that the type of misconduct in which he habitually engages is not serious enough to warrant a level three designation is unpersuasive" ( People v Corian, 77 AD3d 590, lv denied 16 NY3d 705).