Opinion
2013-03-6
PEOPLE of State of New York, respondent, v. Aristides SANTANA, appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. *322Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. *322Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated March 26, 2012, 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.
Contrary to the defendant's contention, the County Court properly determined that he was not entitled to a downward departure from his presumptive risk level. Thus, he was properly designated a level three sex offender ( see People v. Wyatt, 89 A.D.3d 112, 128–129, 931 N.Y.S.2d 85;People v. Bowden, 88 A.D.3d 972, 973, 931 N.Y.S.2d 640;People v. Mondo, 88 A.D.3d 676, 930 N.Y.S.2d 482;People v. Livingston, 87 A.D.3d 628, 928 N.Y.S.2d 473).