Appellate Division of the Supreme Court of New York, 2013

People v. Wood

People v. Wood
Appellate Division of the Supreme Court of New York · Decided December 4, 2013
112 A.D.3d 602; 975 N.Y.S.2d 910
People v. Wood

Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan J.), dated April 4, 2012, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.

Ordered that the order is affirmed, without costs or disbursements.

A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Wyatt, 89 AD3d 112, 119 [2011]; People v Bussie, 83 AD3d 920, 920-921 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him as a level two sex offender (see People v Wyatt, 89 AD3d at 131; People v Mondo, 88 AD3d 676 [2011]; People v Padro, 84 AD3d 1046 [2011]).

The defendant’s remaining contention is without merit. Dillon, J.E, Angiolillo, Roman and Sgroi, JJ., concur.

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