Majority
p. 454The People of the State of New York, Respondent, v Frank Pagan, Appellant. [913 NYS2d 559]
Order, Supreme Court, Bronx County (Ethan Greenberg, J.),
p. 455
entered on or about March 5, 2009, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
We find no basis for a discretionary downward departure to level two (see People v Mingo, 12 NY3d 563 , 568 n 2 [2009]; People v Johnson, 11 NY3d 416 , 421 [2008]). Defendant’s criminal history and pattern of sexual violence outweigh the mitigating factors he asserts. Concur — Saxe, J.P., Friedman, McGuire, Abdus-Salaam and Román, JJ.
Cases cited
- People v. Mingo 12 NY3d 563 at 568 p. 455
- People v. Johnson 11 NY3d 416 at 421 p. 455