People v Billups
2009 NY Slip Op 00034 [58 AD3d 425]
January 6, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


The People of the State of New York, Respondent,
v
William Billups, Also Known as Muhammad Haqq, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about August 15, 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, who was assessed 20 points more than the threshold for a level three adjudication, received a downward departure to level two, and the court properly exercised its discretion in declining to grant a further departure to level one (see People v Guaman, 8 AD3d 545 [2004]). The departure to level two sufficiently addressed the mitigating factors cited by defendant. Concur—Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ.