Opinion
No. 2005-03373.
December 12, 2006.
Appeal by the defendant from an order of the County Court, Suffolk County (Hinrichs, J.), dated March 11, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Del Atwell, East Hampton, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.
Before: Miller, J.P., Goldstein, Skelos and Fisher, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's determination designating him a level three sex offender is supported by clear and convincing evidence ( see Correction Law § 168-n; People v Maiello, 32 AD3d 463; People v Johnson, 23 AD3d 635).
The defendant failed to present clear and convincing evidence of the existence of special circumstances to warrant a downward departure from his presumptive risk level as determined by the risk assessment instrument ( see People v Davis, 26 AD3d 364; People v Masters, 19 AD3d 387; People v Williams, 19 AD3d 388).