People v Duggins
2010 NY Slip Op 06691 [76 AD3d 906]
September 23, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 27, 2010


The People of the State of New York, Respondent,
v
Jamel Duggins, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, 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 declining to grant a downward departure from defendant's presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]), given the seriousness of the underlying conduct involving a child. Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and RomÁn, JJ.