Opinion
No. 2010-00181.
December 17, 2010.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated November 20, 2009, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Lynn W.L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
Before: Fisher, J.P., Angiolillo, Belen and Austin, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive designation as a risk level two sex offender ( see People v Bennis, 77 AD3d 896; People v Lynk, 74 AD3d 929; People v Colauito, 73 AD3d 1004, 1005; People v Guaman, 8 AD3d 545). Accordingly, the Supreme Court, after considering the mitigating factors advanced by the defendant, appropriately determined him to be a level two sex offender, and providently exercised its discretion in denying his request for a downward departure [ see People v Bennis, 11 AD3d 896; People v Foy, 49 AD3d 835; People v Walker, 47 AD3d 692, 694).