Appellate Division of the Supreme Court of New York, 2011

People v. Hemphill

People v. Hemphill
Appellate Division of the Supreme Court of New York · Decided November 22, 2011
89 A.D.3d 607; 932 N.Y.2d 905
People v. Hemphill

Opinion of the Court

*608The court properly exercised its discretion in declining to grant defendant a downward departure from his presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The underlying pattern of criminal conduct, consisting of three separate predatory sexual attacks, was extremely serious. While defendant asserts he is unlikely to repeat such conduct, we find his contentions unpersuasive. Concur — Moskowitz, J.P., Renwick, DeGrasse, Abdus-Salaam and Román, JJ.

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