People v. Vasquez

Order, Supreme Court, New York County (Brenda Soloff, J.), entered July 15, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant’s argument that the court incorrectly assessed certain risk factor points is academic, because even without the 35 points at issue defendant would still qualify as a level three sex offender. In any event, the points were correctly assessed.

Defendant did not establish a special circumstance warranting a downward departure (see People v…