Opinion
June 9, 2006.
Appeal from an order of the Erie County Court (Sheila A. DiTullio, J.), dated January 25, 2005. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
Present — Pigott, Jr., P.J., Kehoe, Gorski, Green and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We reject the contention of defendant that County Court erred in determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). The People met their burden of proving the facts supporting that risk level classification by clear and convincing evidence ( see § 168-n [3]; People v. McDaniel, 27 AD3d 1158; see also People v. Vacanti, 26 AD3d 732, 733; People v. Vaughn, 26 AD3d 776), and defendant failed to present the requisite clear and convincing evidence of special circumstances justifying a downward departure ( see McDaniel, 27 AD3d 1158; Vaughn, 26 AD3d at 777).