People v Perez
2008 NY Slip Op 04138 [51 AD3d 423]
May 1, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


The People of the State of New York, Respondent,
v
Angel Perez, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Karen M. Kalikow of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about January 8, 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.

Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors cited by defendant were generally taken into account by the Risk Assessment Guidelines. Concur—Mazzarelli, J.P., Friedman, Sweeny and Moskowitz, JJ.