PEOPLE v. CARTER (2009)

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

The PEOPLE of the State of New York, Respondent, v. David CARTER, Defendant-Appellant.

Decided: March 10, 2009

MAZZARELLI, J.P., SAXE, NARDELLI, DeGRASSE, FREEDMAN, JJ.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Grace Vee of counsel), for respondent.

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about January 24, 2007, which adjudicated defendant a level two 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 denying defendant a downward departure from his presumptive risk level (see People v. Guaman, 8 A.D.3d 545, 778 N.Y.S.2d 704 [2004] ). We note that the underlying sex crime was violent, and that defendant had a history of violent crimes.

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