NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 27, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
EDUARDO MEDINA, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about December 13, 2007, which adjudicated defendant a level three 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., Friedman, Nardelli, Acosta, Abdus-Salaam, JJ.
The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 ; People v Johnson, 11 NY3d 416, 421 ). Defendant's point score was far above the threshold for a level three offender, and his successful completion of a treatment program did not warrant a downward departure, particularly in light of his very serious record of sex offenses against children.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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