Opinion
No. 2005-02132.
January 30, 2007.
Appeal by the defendant from an order of the County Court, Nassau County (Gulotta, J.), dated November 15, 2004, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel; Nathan Kennedy on the brief), for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Margaret E. Mainusch of counsel), for respondent.
Before: Schmidt, J.P., Santucci, Skelos and Covello, JJ.
Ordered that the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the County Court's determination to designate the defendant a level three sex offender, and thus it will not be disturbed on appeal (see People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545; People v Brown, 7 AD3d 595). There is no merit to the defendant's contention that he was entitled to a downward departure from this risk level ( see People v Abdullah, 31 AD3d 515; People v Ventura, 24 AD3d 527; People v Dexter, 21 AD3d 403).
The defendant's remaining contention is unpreserved for appellate review.