People v Mungin
2012 NY Slip Op 03734 [95 AD3d 575]
May 10, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2012


The People of the State of New York, Respondent,
v
Myron Mungin, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for respondent.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about June 24, 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 assessed 10 points under the risk factor for forcible compulsion. Even if the initial restraint of the victims was accomplished by deception, the subsequent circumstances of the crime satisfied the definition of forcible compulsion (see Penal Law § 130.00 [8] [b]).

The court properly exercised its discretion in denying defendant's application for a downward departure (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]). Concur—Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and Román, JJ.