Opinion
No. 2008-04889.
November 17, 2009.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 9, 2008, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Before: Fisher, J.P., Angiolillo, Eng and Lott, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to demonstrate by clear and convincing evidence that there existed a mitigating factor of a kind or to a degree not otherwise taken into account by the guidelines ( see People v Jacobs, 61 AD3d 835; People v Serrano, 61 AD3d 946, 947; People v Abdullah, 31 AD3d 515, 516). The factors relied upon by the defendant, alcohol abuse and his relationship with the victim, are expressly addressed in the SORA guidelines ( see People v Perez, 61 AD3d 946; People v Townsend, 60 AD3d 655). The County Court appropriately designated the defendant a level two sex offender and providently exercised its discretion in denying his request for a downward departure.