New York Supreme and/or Appellate Courts Appellate Division, First Department
April 25, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ERIC THOMAS, DEFENDANT-APPELLANT.
People v Thomas
Decided on April 25, 2013
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., Acosta, Roman, Feinman, Clark, JJ.
Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about February 4, 2011, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court providently exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 NY3d 60, 70 , cert denied sub nom. Knox v New York, 558 US 1011 ; People v Johnson, 11 NY3d 416, 418, 421 ). Neither defendant's age (late 40s) nor any of the other factors cited by defendant warranted a downward departure, given such factors as the seriousness of his sex offense against two young children (see e.g. People v Gajadhar, 103 AD3d 572 [1st Dept 2013]; People v Ward, 83 AD3d 561 [1st Dept 2011], lv denied 17 NY3d 707 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: APRIL 25, 2013
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