Opinion
No. 2009-02455.
April 26, 2011.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 3, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Before: Dillon, J.P., Covello, Florio and Hall, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The defendant's contention that he was entitled to a down-ward departure to a level two sex offender status is unpreserved for appellate review ( see People v Iorio, 74 AD3d 1306; People v Rivera, 51 AD3d 646, 647; People v Lewis, 50 AD3d 1567, 1568). In any event, the defendant failed to demonstrate that there existed mitigating circumstances of a kind or to a degree not otherwise adequately taken into account by the guidelines that warranted a downward departure from his presumptive level three sex offender status ( see People v Mendez, 79 AD3d 834, lv denied 16 NY3d 707; People v Maiello, 32 AD3d 463).