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PEOPLE v. BAEZ

3290.

77 A.D.3d 406 (2010)

907 N.Y.S.2d 867

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BAEZ, Appellant.

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

Decided October 5, 2010.

Although defendant challenges a particular 15-point assessment, even without that assessment he would remain a level two offender, and we find no basis for a discretionary downward departure from defendant's presumptive risk level (see People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]; People v Johnson, 11 N.Y.3d 416, 421 [2008]). The mitigating circumstances cited by defendant were...

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