NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 12, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CLEONARD HANSFORD, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Bonnie Wittner, J.), entered October 7, 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., Andrias, Saxe, Renwick, Manzanet-Daniels, 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 taken into account by the risk assessment instrument, which could have assessed him as much as 30 points for those factors. Since "[d]efendant was given no points in any of these categories," he is not entitled to any "downward modification as he has already received the benefit of zero points for these factors" (People v Douglas, 18 AD3d 967, 968 ; lv denied 5 NY3d 710 ).
We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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