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PEOPLE v. PERRY

58 A.D.3d 493 (2009)

869 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH PERRY, Also Known as WILLIAM JOHNSON, Appellant.

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

January 15, 2009.

The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guaman, 8 A.D.3d 545 [2004]). The court had assessed 105 points, which is nearly enough for a level-three adjudication. Furthermore, the underlying sex crime was very serious, and although defendant has not been convicted of additional sex crimes, he has since been convicted of significant...

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