Opinion
No. 2006-06844.
February 27, 2007.
Appeal by the defendant from an order of the Supreme Court, Nassau County (Calabrese, J.), entered June 23, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Feldman and Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Andrew Fukuda of counsel), for respondent.
Before: Prudenti, P.J., Krausman, Dillon and McCarthy, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The County Court designated the defendant a level three sex offender based upon the existence of an overriding factor, namely, "a clinical assessment that the [defendant] has a psychological, physical, or organic abnormality that decreases his ability to control impulsive sexual behavior" (Sex Offender Registration Act: Risk Assessment Guidelines Commentary, at 3 [1997 ed]; see generally People v Scott, 288 AD2d 763). Contrary to the defendant's contention, the court's determination was supported by clear and convincing evidence and, therefore, should not be disturbed ( see Correction Law § 168-n; People v Davis, 26 AD3d 364; People v Hegazy, 25 AD3d 675, 676; People v Hines, 24 AD3d 524). The defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from the presumptive risk level ( see People v Davis, supra; People v Ventura, 24 AD3d 527; People v Guaman, 8 AD3d 545).