PEOPLE v. HAMPTON (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jermaine HAMPTON, Defendant–Appellant.

801 Decided: October 17, 2023

Webber, J.P., Oing, Gesmer, Rodriguez, Rosado, JJ.

Twyla Carter, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Molly Morgan of counsel), for respondent.

Order, Supreme Court, New York County (Althea Drysdale, J.), entered on or about February 16, 2002, 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 providently exercised its discretion in applying the presumptive override for prior felony sex crime convictions and in declining to grant a downward departure from defendant's level three adjudication (see People v. Judd, 29 A.D.3d 431, 814 N.Y.S.2d 165 [2006], lv denied 7 N.Y.3d 709, 822 N.Y.S.2d 483, 855 N.E.2d 799 [2006]). Defendant not only had three prior sex crime convictions, but committed the underlying offense while he was on parole supervision for one of those prior sex offenses. Thus, defendant has shown a high risk of recidivism, and has not set forth any mitigating factors that would warrant a downward departure (see People v. Corian, 77 A.D.3d 590, 590, 909 N.Y.S.2d 360 [1st Dept. 2010], lv denied 16 N.Y.3d 705, 2011 WL 536606 [2011]).

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