Opinion
2017–03342
12-24-2019
PEOPLE of State of New York, Respondent, v. Samuel WALDMAN, Appellant.
Janet E. Sabel, New York, N.Y. (Kerry Elgarten of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Michael Bierce of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Kerry Elgarten of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Michael Bierce of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Michael J. Brennan, J.), dated March 8, 2017, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant was convicted in federal court, upon his plea of guilty, of possession of child pornography ( 18 USC 2252A [a][5][B] ). After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the defendant was designated a level two sex offender, based upon the assessment of a total of 80 points on a risk assessment instrument completed by the People, assessing 30 points under risk factors 3 (number of victims), 30 points under risk factor 5 (age of victims), and 20 points under risk factor 7 (victims were strangers).
We agree with the Supreme Court's determination to assess the defendant points under risk factors 3 and 7 (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Johnson, 11 N.Y.3d 416, 872 N.Y.S.2d 379, 900 N.E.2d 930 ; People v. Young, 152 A.D.3d 628, 55 N.Y.S.3d 661 ; People v. Reuter, 140 A.D.3d 1143, 33 N.Y.S.3d 757 ). Further, the court did not improvidently exercise its discretion in declining to downwardly depart from the presumptive risk level (see People v. Young, 152 A.D.3d at 628, 55 N.Y.S.3d 661 ; People v. Moran, 148 A.D.3d 1189, 50 N.Y.S.3d 502 ; see generally People v. Gillotti, 23 N.Y.3d at 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 ). Accordingly, we agree with the Supreme Court's determination to designate the defendant a level two sex offender pursuant to Correction Law article 6–C.
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.