| People v Pullins |
| 2016 NY Slip Op 03150 [138 AD3d 1082] |
| April 27, 2016 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Kaysheem Pullins, Appellant. |
Seymour W. James, Jr., New York, NY (Bonnie C. Brennan of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Craig Marinaro on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated June 5, 2014, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
By order dated June 5, 2014, the Supreme Court, after a hearing, designated the defendant a level three sex offender pursuant to Correction Law article 6-C. The defendant appeals.
The Supreme Court did not err in assessing points to the defendant based on his youthful offender adjudication (see People v Scott, 136 AD3d 675 [2016]; People v Francis, 137 AD3d 91 [2016]). Further, the court did not err in assessing points to the defendant based on his sexual misconduct while incarcerated. Moreover, the court properly determined that the defendant was not entitled to a downward departure (see People v Wortham, 119 AD3d 666 [2014]). Accordingly, the court properly designated the defendant a level three sex offender. Mastro, J.P., Leventhal, Sgroi and Miller, JJ., concur.