People v DeJesus
2008 NY Slip Op 08194 [55 AD3d 472]
October 28, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
Esteban DeJesus, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.

Order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered on or about March 15, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors cited by defendant were generally taken into account by the Risk Assessment Guidelines. Concur—Tom, J.P., Saxe, Williams, Catterson and Moskowitz, JJ.