Opinion
2013-06-19
PEOPLE of State of New York, respondent, v. Brian PALMER, appellant.
Steven Banks, New York, N.Y. (Lorraine Maddalo of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Diana Teverovskaya on the brief), for respondent.
Steven Banks, New York, N.Y. (Lorraine Maddalo of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Diana Teverovskaya on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated June 2, 2011, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, there was clear and convincing evidence to support the Supreme Court's determination to designate him a level three sexually violent offender ( seeCorrection Law § 168–n[3]; People v. Pettigrew, 14 N.Y.3d 406, 408, 901 N.Y.S.2d 569, 927 N.E.2d 1053;People v. Mingo, 12 N.Y.3d 563, 571, 883 N.Y.S.2d 154, 910 N.E.2d 983;People v. Gilligan, 94 A.D.3d 844, 941 N.Y.S.2d 859). Moreover, the Supreme Court properly determined that he was not entitled to a downward departure from his presumptive risk level ( see People v. Wyatt, 89 A.D.3d 112, 128–129, 931 N.Y.S.2d 85;People v. Santana, 104 A.D.3d 660, 960 N.Y.S.2d 321,lv. denied21 N.Y.3d 854, 2013 WL 1831656).