Opinion
No. 2009-06398.
December 14, 2010.
Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.), dated June 30, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Sam Hershey on the brief), for respondent.
Before: Skelos, J.P., Eng, Hall and Lott, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from his presumptive level three risk assessment ( see People v Colavito, 73 AD3d 1004, 1005; People v Bowens, 55 AD3d 809, 810; People v Guaman, 8 AD3d 545). Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender.