Opinion
2011-12-6
The PEOPLE of the State of New York, Respondent, v. Auero TORRES, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about December 1, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
We find that regardless of whether defendant's correct point score would make him a presumptive level two offender, this case clearly warrants application of the presumptive override for a prior felony sex crime conviction, and it does not warrant a downward departure. The prior and present convictions involved violent, predatory conduct, and the two incidents were remarkably similar. This demonstrated a serious threat of recidivism ( see e.g. People v. Reid, 49 A.D.3d 338, 339, 852 N.Y.S.2d 763 [2008], lv. denied 10 N.Y.3d 713, 861 N.Y.S.2d 273, 891 N.E.2d 308 [2008] ), notwithstanding the passage of time between the two incidents.