People v Buskirk
2008 NY Slip Op 04280 [51 AD3d 480]
May 8, 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
Paul Buskirk, Appellant.

—[*1] 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 AD3d 545 [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. Concur—Tom, J.P., Williams, Catterson and Acosta, JJ.