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