PEOPLE v. BUSKIRK (2008)

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

The PEOPLE of the State of New York, Respondent, v. Paul BUSKIRK, Defendant-Appellant.

Decided: May 08, 2008

TOM, J.P., WILLIAMS, CATTERSON, ACOSTA, JJ.

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

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about July 20, 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 any special circumstances warranting a downward departure from his risk level (see People v. Guaman, 8 A.D.3d 545, 778 N.Y.S.2d 704 [2004] ). Defendant's record shows not only a past history of serious sex crimes, but recent evidence of a continuing predisposition toward sexual activity with children.

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