PEOPLE v. MACKIE (2006)

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about May 17, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.

The record supports the level three sex offender adjudication, which was based upon defendant's prior felony sex crime conviction, a presumptive overriding factor under the applicable guidelines (see People v. Judd, 29 A.D.3d 431, 814 N.Y.S.2d 165 [2006] ).   The court properly concluded that defendant's present circumstances did not warrant a downward departure from his presumptive risk level (see People v. Guaman, 8 A.D.3d 545, 778 N.Y.S.2d 704 [2004] ).

Defendant's arguments concerning the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders (see Correction Law § 168-l[5] ) are without merit (see People v. Joe, 26 A.D.3d 300, 810 N.Y.S.2d 63 [2006] ), lv. denied 7 N.Y.3d 703, 819 N.Y.S.2d 870, 853 N.E.2d 241 [2006];  (see also People v. Bligen, 33 A.D.3d 489, 823 N.Y.S.2d 42, decided simultaneously herewith).