Opinion
No. 2006-02836.
October 2, 2007.
Appeal by the defendant from a determination of the County Court, Suffolk County (Crecca, J.), dated March 8, 2006, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.
Before: Schmidt, J.P., Santucci, Florio and Dillon, JJ.
Ordered that the determination 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 ( see People v Fisher, 36 AD3d 880; People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545). 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).