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People v. Cosme
46 A.D.3d 323
N.Y. App. Div.
2007
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Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about July 5, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish any special circumstances warranting a downward departure from his risk level (see People v Guaman, 8 AD3d 545 [2004]), which was based on the presumptive override for a prior felony sex crime conviction. Defendant’s criminal record, which included multiple convictions for the same type of sex crime, most recently committed in both 2002 *324and 2004, demonstrated a high risk of recidivism that was not outweighed by the mitigating factors advanced by defendant. Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ.

Case Details

Case Name: People v. Cosme
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 13, 2007
Citation: 46 A.D.3d 323
Court Abbreviation: N.Y. App. Div.
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