People v Hunter
2013 NY Slip Op 03389 [106 AD3d 460]
May 9, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


The People of the State of New York, Respondent,
v
Tyrone Hunter, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.

Order, Supreme Court, New York County (Patricia M. Nunez, J.), entered on or about October 14, 2010, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]). The seriousness of defendant's overall record, including the underlying sex offense, outweighed any reduced risk of reoffense that might result from his age. Concur—Gonzalez, P.J., Tom, Sweeny, Renwick and Richter, JJ.