Opinion
No. 2005-02615.
October 24, 2006.
Appeal by the defendant from an order of the Supreme Court, Kings County, dated February 28, 2005 (Marrero, J.), which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.
Before: Miller, J.P., Goldstein, Mastro and Dillon, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's determination designating him a level three sex offender was supported by clear and convincing evidence ( see Correction Law § 168-n; People v O'Neal, 26 AD3d 365; People v Glenn, 24 AD3d 427; People v Johnson, 23 AD3d 635; People v Gambetta, 19 AD3d 571).
The defendant failed to present clear and convincing evidence of the existence of special circumstances to warrant a downward departure from his presumptive risk level as determined by the risk assessment instrument ( see People v Davis, 26 AD3d 364; People v Masters, 19 AD3d 387; People v Williams, 19 AD3d 388).