Opinion
2011-08-16
PEOPLE of State of New York, respondent,v.Curtis LIVINGSTON, appellant.
Harold, Salant, Strassfield & Spielberg, White Plains, N.Y. (Rachel J. Filasto of counsel), for appellant.Janet DiFiore, District Attorney, White Plains, N.Y. (Lori A. Alesio, Laurie Sapakoff, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea, J.) dated May 25, 2010, which, after a hearing pursuant to Correction Law article 6–C, designated him a level three sex offender.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's order adequately sets forth the findings of fact and conclusions of law upon which its determination was based ( see Correction Law § 168–n[3]; cf. People v. Burke, 68 A.D.3d 1175, 1176, 889 N.Y.S.2d 756). Moreover, the record on appeal permits meaningful appellate review of the propriety of the Supreme Court's risk-level determination.
The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk-level assessment and, thus, he was properly designated a level three sex offender ( see People v. Smith, 85 A.D.3d 891, 925 N.Y.S.2d 335; People v. Sivells, 83 A.D.3d 1027, 921 N.Y.S.2d 530; People v. Bussie, 83 A.D.3d 920, 920 N.Y.S.2d 718, lv. denied *474 17 N.Y.3d 704, 2011 N.Y. Slip Op. 76743, 2011 WL 2535202 [2011] ).
RIVERA, J.P., COVELLO, FLORIO and LOTT, JJ., concur.