Opinion
2009-00645.
Decided on October 18, 2011.
Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated December 10, 2008, which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki ( 3 F Supp 2d 456), and pursuant to Doe v Pataki ( 481 F3d 69), designated him a level two sex offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Andrew Dykens on the brief), for respondent.
REINALDO E. RIVERA, J.P., ANITA R. FLORIO, LEONARD B. AUSTIN, SANDRA L. SGROI, JJ.
DECISION ORDER
The Supreme Court correctly denied the defendant's request for a downward departure from his presumptive risk level two designation ( see People of State of New York v Wyatt, ________AD3d ________ [decided herewith]; People v Gallo , 84 AD3d 1204).
RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.