Opinion
2013-01-16
PEOPLE of State of New York, respondent, v. Vincent VALENTINO, appellant.
Lynn W.L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rooney, J.), dated November 4, 2011, which, after a hearing, designated him a level two sexually violent offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant contends that the Supreme Court erred in denying his request for a downward departure from a presumptive risk level two designation to a risk level one designation pursuant to the Sex Offender Registration Act ( see Correction Law art. 6–C) following a risk assessment hearing. However, the Supreme Court providently exercised its discretion in denying the defendant's request, as the record does not reflect the existence of an appropriate mitigating factor warranting a *877downward departure ( see People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85).