Opinion
No. 9096.
October 24, 2006.
Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about May 17, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Before: Buckley, P.J., Mazzarelli, Marlow, Sullivan and Gonzalez, JJ.
The record supports the level three sex offender adjudication, which was based upon defendant's prior felony sex crime conviction, a presumptive overriding factor under the applicable guidelines ( see People v Judd, 29 AD3d 431). The court properly concluded that defendant's present circumstances did not warrant a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545).
Defendant's arguments concerning the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders ( see Correction Law § 168- I) are without merit ( see People v Joe, 26 AD3d 300, lv denied 7 NY3d 703; see also People v Bligen, 33 AD3d 489 [decided herewith]).