Opinion
No. 2009-05961.
April 26, 2011.
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.
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.
Before: Dillon, J.P., Dickerson, Hall and Roman, JJ.
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 AD3d 834, lv denied 16 NY3d 707; People v Johnson, 77 AD3d 897, lv denied 16 NY3d 704; People v Maiello, 32 AD3d 463). Accordingly, the County Court providently exercised its discretion in designating the defendant a level two sex offender.