Opinion
570401/09.
Decided April 15, 2011.
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Barry Kamins, J.), dated April 7, 2009, which adjudicated him a level-two sex offender under the Sex Offender Registration Act (Correction Law Art. 6-C).
Order (Barry Kamins, J.), dated April 7, 2009, affirmed.
PRESENT: HUNTER, Jr., J.P., SCHOENFELD, TORRES, JJ.
Defendant failed to demonstrate special circumstances warranting a downward departure from the presumptive level assigned to him under the risk assessment instrument ( see People v Cullen, 60 AD3d 1466, lv denied 12 NY3d 712; People v Guaman, 8 AD3d 545). Nor did he properly preserve for appellate review his contentions that his alleged familial responsibilities and ill health constituted mitigating factors ( see generally People v Cullen, 79 AD3d 1677; People v Torres, 51 AD3d 531, lv denied 11 NY3d 703). In any event, those contentions are without merit.
Accordingly, Criminal Court providently exercised its discretion in designating the defendant as a level two sex offender ( see People v Maiello, 32 AD3d 463; People v Guaman, 8 AD3d at 545).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.