Opinion
2011-10-18
PEOPLE of State of New York, respondent,v.Raymond SHINN, appellant.
Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Andrew Dykens on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated December 10, 2008, *259 which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v. Pataki, 3 F.Supp.2d 456, and pursuant to Doe v. Pataki, 481 F.3d 69, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court correctly denied the defendant's request for a downward departure from his presumptive risk level two designation ( see People of State of New York v. Wyatt, ––– A.D.3d ––––, 931 N.Y.S.2d 85 [decided herewith]; People v. Gallo, 84 A.D.3d 1204, 923 N.Y.S.2d 344).
RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.