Opinion
570463/06.
Decided July 28, 2008.
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Shawndya Simpson, J.), entered June 19, 2006, which adjudicated him a level two sex offender pursuant to Correction Law art 6-C.
Order (Shawndya Simpson, J.), entered June 19, 2006, affirmed.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER JJ.
Defendant's arguments concerning the risk factor of release without supervision are unavailing ( see People v Lewis, 37 AD3d 689, lv denied 8 NY3d 814). Defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur