Opinion
2011-10-4
PEOPLE of State of New York, respondent,v.James ANDERSON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Katherine A. Levine of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and David Korngold of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated March 5, 2010, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention on appeal, we agree with the Supreme Court that a downward departure from the defendant's presumptive risk level assessment was not warranted in this case ( cf. People v. Abdullah, 31 A.D.3d 515, 818 N.Y.S.2d 267).
RIVERA, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.