Opinion
No. 2006-09094.
January 15, 2008.
Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered August 23, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Stephen C. Filler, Tarrytown, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
Before: Mastro, J.P., Covello, Angiolillo and Carni, JJ.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the County Court's determination to designate him a level three sex offender is supported by clear and convincing evidence, and thus, should not be disturbed ( see Correction Law § 168-n; People v Leeks, 43 AD3d 1251, 1252; People v Davenport, 38 AD3d 634, 635). Furthermore, the defendant failed to present clear and convincing evidence of the existence of mitigating factors warranting a downward departure from his presumptive risk level ( see People v Adams, 44 AD3d 1020; People v Williams, 34 AD3d 662; People v Lombard, 30 AD3d 573, 574; People v Davis, 26 AD3d 364; People v Dexter, 21 AD3d 403, 404).