NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 5, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JUAN ABOY, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about January 23, 2008, 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.
Tom, J.P., Moskowitz, Renwick, Freedman, JJ.
Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 ). The mitigating factors cited by defendant were generally taken into account by the risk assessment instrument. Furthermore, defendant engaged in sex acts with a particularly vulnerable victim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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