People v. Mirabel

Summary

The New York Appellate Division, First Department unanimously affirmed an order adjudicating Eddi H. Mirabel a level two sex offender under the Sex Offender Registration Act. The court held that Supreme Court properly declined to grant a downward departure, citing the egregiousness of the underlying crime, the victim's injuries, and the absence of a basis for reducing the assessment.

Holdings

1. Supreme Court providently exercised its discretion in declining to grant a downward departure, and the record did not establish any basis for such a departure.

Questions Presented

1. Whether Supreme Court properly declined to grant defendant a downward departure from the presumptive sex-offender risk level.
2. Whether the record established an overassessment of risk-assessment points warranting a reduction in defendant's sex-offender risk level.

Disposition

affirmed