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People v Alcaraz (Jorge)
2008 NY Slip Op 51611(U) [20 Misc 3d 140(A)]
Decided on July 28, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 28, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER JJ
570463/06.

People of the State of New York, Respondent, - -

against

Jorge Alcaraz, Defendant-Appellant.


Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Shawndya Simpson, J.), entered June 19, 2006, which adjudicated him a level two sex offender pursuant to Correction Law art 6-C. Per Curiam.


Order (Shawndya Simpson, J.), entered June 19, 2006, affirmed.

Defendant's arguments concerning the risk factor of release without supervision are unavailing (see People v Lewis, 37 AD3d 689 [2007], lv denied 8 NY3d 814 [2007]). Defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: July 28, 2008