Opinion
No. 3472.
April 24, 2008.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about March 10, 2006, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Robert S. Dean, Center for Appellate Litigation, New York (Seon Jeong Lee of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.
Before: Lippman, P.J., Friedman, Sweeny and Moskowitz, JJ.
We reject defendant's challenges to the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders ( see People v Bligen, 33 AD3d 489, lv denied 8 NY3d 803; People v Joe, 26 AD3d 300, lv denied 7 NY3d 703). In addition, defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545).