Opinion
No. 2009-06195.
June 14, 2011.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated June 26, 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 and Morgan J. Dennehy of counsel; Gamaliel Marrero on the brief), for respondent.
Before: Dillon, J.P., Balkin, Belen and Sgroi, JJ.
Ordered that the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the Supreme Court's determination to designate the defendant a level three sex offender ( see People v Fisher, 36 AD3d 880; People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545). There is no merit to the defendant's contention that he was entitled to a downward departure from this risk level ( see People v Fareira, 80 AD3d 589; People v Burgess, 80 AD3d 589; People v Gonzalez, 48 AD3d 284; People v Warren, 42 AD3d 593; People v Fortin, 29 AD3d 765; see also People v Iorio, 74 AD3d 1306; People v Miller, 48 AD3d 774).