Opinion
No. 2009-00812.
December 22, 2009.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated December 18, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Before: Dillon, J.P., Santucci, Florio and Hall, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender ( see People v Foy, 49 AD3d 835). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender ( see People v Bowens, 55 AD3d 809).