People v. Reid

Order, Supreme Court, New York County (Cassandra Mullen, J.), entered June 19, 2014, 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 three to level two (see People v Gillotti, 23 NY3d 841, 861 [2014]). Defendant’s speculative argument that he was not in a position to see that the 10-year-old victim was a child, since he touched her buttocks while hiding…