Opinion
No. 2781.
February 14, 2008.
Order, Supreme Court, New York County (Daniel R FitzGerald, J.), entered on or about April 19, 2005, 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 (Sheryl Feldman of counsel), for respondent.
Before: Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.
Defendant did not establish mitigating factors, not otherwise adequately taken into account by the guidelines, that warranted a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545).