Appellate Division of the Supreme Court of New York, 2007

People v. Cosme

People v. Cosme
Appellate Division of the Supreme Court of New York · Decided December 13, 2007
46 A.D.3d 323; 846 N.Y.S.2d 905
People v. Cosme

Opinion of the Court

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-law data current through December 31, 2025. Source: CourtListener bulk data.