People v Moore, 2023 NY Slip Op 05549 [221 AD3d 417]

November 2, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Rudolph Moore, Appellant.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (V. Marika Meis of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.

Order, Supreme Court, Bronx County (Marsha D. Michael, J.), entered on or about November 21, 2019, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Although the record contains insufficient evidence to support the assessment of 30 points under risk factor 1, defendant’s presumptive risk level remains within level two even after deducting those points. The court providently exercised its discretion in declining to grant a downward departure ( see generally People v Gillotti , 23 NY3d 841 , 861-864 [2014]).

We have considered defendant’s remaining arguments and find them unavailing. Concur—Oing, J.P., Moulton, González, Shulman, Rosado, JJ..