New York Supreme and/or Appellate Courts Appellate Division, First Department
May 9, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
TYRONE HUNTER, DEFENDANT-APPELLANT.
People v Hunter
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.
Decided on May 9, 2013
Gonzalez, P.J., Tom, Sweeny, Renwick, Richter, JJ.
Order, Supreme Court, New York County (Patricia M. Nunez, J.), entered on or about October 14, 2010, which adjudicated defendant a level three sex offender pursuant to the Sexual 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 ). The seriousness of defendant's overall record, including the underlying sex offense, outweighed any reduced risk of reoffense that might result from his age.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 9, 2013
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