People v. Galloway

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about January 20, 2010, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court correctly applied the presumptive override for a prior felony sex crime conviction. Additionally, the court providently exercised its discretion in declining to grant a downward departure. We note that defendant was arrested for fondling his most recent victim while he was on parole for a prior conviction for sexual…