Opinion
2013-04-25
The PEOPLE of the State of New York, Respondent, v. Eric THOMAS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Melanie A. Sarver of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Melanie A. Sarver of counsel), for respondent.
Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about February 4, 2011, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court providently exercised its discretion in declining to grant a downward departure to level two ( see People v. Cintron, 12 N.Y.3d 60, 70, 875 N.Y.S.2d 828, 903 N.E.2d 1149 [2009],cert. denied sub. nom. Knox v. New York, 558 U.S. 1011, 130 S.Ct. 552, 175 L.Ed.2d 382 [2009];People v. Johnson, 11 N.Y.3d 416, 418, 421, 872 N.Y.S.2d 379, 900 N.E.2d 930 [2008] ). Neither defendant's age (late 40s) nor any of the other factors cited by defendant warranted a downward departure, given such factors as the seriousness of his sex offense against two young children ( see e. g. People v. Gajadhar, 103 A.D.3d 572, 961 N.Y.S.2d 43 [1st Dept. 2013]; People v. Ward, 83 A.D.3d 561, 920 N.Y.S.2d 669 [1st Dept. 2011],lv. denied17 N.Y.3d 707, 929 N.Y.S.2d 799, 954 N.E.2d 90 [2011] ).