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People v. Billups

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 6, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WILLIAM BILLUPS, ALSO KNOWN AS MUHAMMAD HAQQ, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about August 15, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Nardelli, Buckley, Moskowitz, Renwick, JJ.

30259/04 3290A/67

Defendant, who was assessed 20 points more than the threshold for a level three adjudication, received a downward departure to level two, and the court properly exercised its discretion in declining to grant a further departure to level one (see People v Guaman, 8 AD3d 545 [2004]). The departure to level two sufficiently addressed the mitigating factors cited by defendant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090106

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