People v Medina |
2010 NY Slip Op 04523 [73 AD3d 667] |
May 27, 2010 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Eduardo Medina, Appellant. |
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Cyrus R. Vance, Jr., District Attorney, New York (Lindsey M. Kneipper of counsel), for
respondent.
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about December 13, 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.
The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Defendant's point score was far above the threshold for a level three offender, and his successful completion of a treatment program did not warrant a downward departure, particularly in light of his very serious record of sex offenses against children. Concur—Tom, J.P., Friedman, Nardelli, Acosta and Abdus-Salaam, JJ.