Opinion
2011-04-26
PEOPLE of State of New York, respondent, v. Ronald STAHL, appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 5, 2009, 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.
Contrary to the defendant's contention, he is not entitled to a downward departure from his presumptive level two risk assessment. The defendant failed to show the existence of special circumstances warranting a downward departure ( see People v. Mendez, 79 A.D.3d 834, 912 N.Y.S.2d 416,lv. denied16 N.Y.3d 707, 2011 WL 1120041;People v. Johnson, 77 A.D.3d 897, 909 N.Y.S.2d 646,lv. denied16 N.Y.3d 704, 2011 WL 446552;People v. Maiello, 32 A.D.3d 463, 819 N.Y.S.2d 483). Accordingly,*529the County Court providently exercised its discretion in designating the defendant a level two sex offender.