PEOPLE v. SUAREZ

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

The PEOPLE of the State of New York, Respondent, v. Victor SUAREZ, Defendant-Appellant.

Decided: June 26, 2008

LIPPMAN, P.J., TOM, ANDRIAS, SAXE, JJ. Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Sheryl Feldman of counsel), for respondent.

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about May 31, 2006, adjudicating defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.

Defendant, who was assessed 120 points, which is 10 points over the threshold for a level three adjudication, and who received a downward departure to level two, seeks a further downward departure to a level one adjudication.   We perceive no basis for a further departure (see People v. Guaman, 8 A.D.3d 545, 778 N.Y.S.2d 704 [2004] ).   The Board of Examiners' recommendation for a downward departure to level two took into account mitigating factors relating to the underlying sex crime, and defendant failed to show any other factors warranting a further departure.