People v. Harrison

Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about February 20, 2008, 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 properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]). Defendant’s point score was well above the threshold for a level three offender, and the fact that he was 60…