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People v. Borreo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 27, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ALBERT BORREO, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about October 3, 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.

Mazzarelli, J.P., Andrias, Moskowitz, Renwick, Richter, JJ.

682/06

Defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors asserted by defendant were adequately taken into account by the analysis under the Risk Assessment Guidelines.

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

20091027

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