People v Pagan
2011 NY Slip Op 00043 [80 AD3d 454]
January 6, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


The People of the State of New York, Respondent,
v
Frank Pagan, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about March 5, 2009, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

We find no basis for a discretionary downward departure to level two (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Defendant's criminal history and pattern of sexual violence outweigh the mitigating factors he asserts. Concur—Saxe, J.P., Friedman, McGuire, Abdus-Salaam and RomÁn, JJ.