
    The People of the State of New York, Respondent, v John Walden, Appellant.
    [937 NYS2d 849]
   The 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.  