PEOPLE v. KOEHLER (2006)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Michael A. KOEHLER, Defendant-Appellant.

Decided: July 07, 2006

PRESENT: PIGOTT, JR., P.J., SCUDDER, GORSKI, MARTOCHE, AND HAYES, JJ.

Gary A. Horton, Public Defender, Batavia (Bridget L. Field of Counsel), for Defendant-Appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Plaintiff-Respondent.

On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant challenges only 10 points assessed against him under a certain category. Even in the absence of those 10 points, however, defendant's total risk factor score nevertheless results in a presumptive risk level classification of level three, and defendant failed to establish his entitlement to a downward departure from the presumptive risk level (see People v. Hamelinck, 23 A.D.3d 1060, 803 N.Y.S.2d 469).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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