Opinion
2010-07916.
Decided on October 25, 2011.
Appeal by the defendant from an order of the Supreme Court, Kings County (Balter, J.), dated August 10, 2010, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
Lynn W. L. Fahey, New York, N.Y. (Erin R. Collins of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Elisheva Mochkin on the brief), for respondent.
MARK C. DILLON, J.P., RUTH C. BALKIN, RANDALL T. ENG, JEFFREY A. COHEN, JJ.
DECISION ORDER
The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level two sex offender ( see People of State of New York v Wyatt, AD3d, 2011 NY App Div LEXIS 07244 [2d Dept 2011]; People v Livingston , 87 AD3d 628; People v Alston , 86 AD3d 553, 554; People v Rodriguez , 67 AD3d 596, 597; People v Adams , 44 AD3d 1020; People v Wragg , 41 AD3d 1273, 1274; cf. People v Stevens , 55 AD3d 892, 894).
The defendant's remaining contention is without merit.
DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.