Opinion
2012-04-10
PEOPLE of State of New York, respondent, v. Robert GILLIGAN, appellant.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Argun M. Ulgen of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Sarah S. Rabinowitz and Jessica L. Cepriano of counsel), for respondent.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Argun M. Ulgen of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Sarah S. Rabinowitz and Jessica L. Cepriano of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Nassau County (Calabrese, J.), dated August 26, 2010, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
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 ( see Correction Law § 168–n[3]; People v. Pettigrew, 14 N.Y.3d 406, 901 N.Y.S.2d 569, 927 N.E.2d 1053; People v. Mingo, 12 N.Y.3d 563, 883 N.Y.S.2d 154, 910 N.E.2d 983; *860 People v. Leeks, 43 A.D.3d 1251, 1252, 842 N.Y.S.2d 613). There is no merit to the defendant's contention that he was improperly assessed certain points under the Risk Assessment Instrument, or that he was entitled to a downward departure from his presumptive risk level three designation ( see People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85, lv. denied 18 N.Y.3d 803, 938 N.Y.S.2d 861, 962 N.E.2d 286; People v. Mabee, 69 A.D.3d 820, 893 N.Y.S.2d 585; People v. Williams, 34 A.D.3d 662, 824 N.Y.S.2d 413; People v. Lombard, 30 A.D.3d 573, 574, 818 N.Y.S.2d 145; see also People v. Vaughn, 26 A.D.3d 776, 809 N.Y.S.2d 718).