Opinion
06-08-2016
PEOPLE of State of New York, respondent, v. Clifford MACK, appellant.
Seymour W. James, Jr., New York, N.Y. (Kerry Elgarten of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Kerry Elgarten of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Garnett, J.), dated April 10, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in determining that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level three sex offender (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Gordon, 133 A.D.3d 835, 836–837, 20 N.Y.S.3d 165 ; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85 ; People v. Wragg, 41 A.D.3d 1273, 1274, 838 N.Y.S.2d 755 ).
MASTRO, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.