NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 9, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
SALVADOR DIAZ, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about February 8, 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.
Gonzalez, P.J., Tom, Sweeny, Catterson, Renwick, JJ.
The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level two sex offender adjudication. The court properly assessed points under the factor for lack of supervised release, even though this was a matter beyond defendant's control (see People v Lewis, 37 AD3d 689, 690 , lv denied 8 NY3d 814 ). The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 ). Defendant's remaining contentions are unpreserved and meritless.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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