Majority
p. 906The People of the State of New York, Respondent, v Jamel Duggins, Appellant. [907 NYS2d 670]
Order, Supreme Court, New York County (Michael J. Obús, J), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
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 [2009]; People v Johnson, 11 NY3d 416 , 421 [2008]), given the seriousness of the underlying conduct involving a child. Concur—Saxe, J.E, Friedman, Moskowitz, Freedman and Román, JJ.
Cases cited
- People v. Mingo 12 NY3d 563 at 568 p. 906
- People v. Johnson 11 NY3d 416 at 421 p. 906