People v Perry
2009 NY Slip Op 00129 [58 AD3d 493]
January 15, 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
Joseph Perry, Also Known as William Johnson, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), for respondent.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about March 22, 2006, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The court had assessed 105 points, which is nearly enough for a level-three adjudication. Furthermore, the underlying sex crime was very serious, and although defendant has not been convicted of additional sex crimes, he has since been convicted of significant drug crimes. Concur—Tom, J.P., Gonzalez, Buckley, Sweeny and Catterson, JJ.