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PEOPLE v. BERRY

36 A.D.3d 540 (2007)

826 N.Y.S.2d 893

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BERRY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 25, 2007.

The court properly adjudicated defendant a level three sex offender. Defendant did not contest the court's assessment of 125 points, which exceeded the statutory threshold of 110 points, and the court, after considering mitigating factors argued by defendant, properly exercised its discretion in denying his request for a downward departure from the presumptive risk level (see People v Guaman, 8 A.D.3d 545

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