Opinion
No. 2009-03276.
January 11, 2011.
Appeal by the defendant from an order of the Supreme Court, Kings County (Tomei, J.), dated March 25, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy of counsel; Rosemari Y. Nam on the brief), for respondent.
Before: Mastro, J.P., Rivera, Austin and Roman JJ.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive risk level three designation (see People v Bennis, 11 AD3d 896; People v Lynk, 74 AD3d 929, 929-930; People v Colavito, 73 AD3d 1004, 1005; People v Pearsall, 67 AD3d 876; People v Bowens, 55 AD3d 809, 810; People v Williams, 49 AD3d 518). Accordingly, the Supreme Court appropriately determined him to be a level three sex offender, and, after considering the mitigating factors advanced by the defendant, providently exercised its discretion in denying his request for a downward departure ( see People v Lynk, 74 AD3d at 929-930; People v Colavito, 73 AD3d at 1005; People v Ainoris, 57 AD3d 864, 865).