Opinion
2011-12-30
The PEOPLE of the State of New York, Respondent, v. Eliud BENNETT, Defendant–Appellant.
Appeal from an order of the Supreme Court, Monroe County (Frank P. Geraci, Jr., A.J.), entered March 19, 2010. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for defendant-appellant. Michael C. Green, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
Appeal from an order of the Supreme Court, Monroe County (Frank P. Geraci, Jr., A.J.), entered March 19, 2010. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for defendant-appellant. Michael C. Green, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant failed to preserve for our review his contention that he was entitled to a downward departure from his presumptive risk level ( see People v. Clark, 66 A.D.3d 1366, 885 N.Y.S.2d 676, lv. denied 13 N.Y.3d 713, 2009 WL 4794321; People v. Ratcliff, 53 A.D.3d 1110, 862 N.Y.S.2d 686, lv. denied 11 N.Y.3d 708, 868 N.Y.S.2d 600, 897 N.E.2d 1084). In any event, we reject that contention inasmuch as “defendant failed *923 to present clear and convincing evidence of special circumstances justifying a downward departure” ( People v. Regan, 46 A.D.3d 1434, 1435, 848 N.Y.S.2d 787).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.