¶1The court erred in initially designating defendant a level three offender rather than a level two offender. The record at best, only supports the level two classification. We exercise our independent discretion to grant defendant a downward departure to level one (see People v Johnson, 11 NY3d 416, 421 [2008]). Concur — Saxe, J.P., Friedman, Catterson, Freedman and Manzanet-Daniels, JJ.
92 A.D.3d 462
People v. Walden
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-02-07
Decided 2012-02-07