People v. AdamsPeople v. Adams
Contrary to the defendant‘s contention, the County Court providently exercised its discretion in denying his request for a downward departure from his presumptive risk level as shown on the risk assessment instrument. The defendant failed to present clear and convincing evidence of special circumstances warranting such a departure. In fact, his contention that his ill health would militate against his reoffending is belied by his own actions in committing a sexual offense at a time when his kidneys allegedly had already failed (see People v Inghilleri, 21 AD3d 404, 405-406 [2005]; People v Davis, 26 AD3d 364 [2006]; cf. People v Abdullah, 31 AD3d 515, 516 [2006]).
In light of our determination, we need not reach the People‘s contentions. Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.