Opinion
No. 2009-02454.
December 22, 2009.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 17, 2009, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Before: Dillon, J.P., Santucci, Florio and Hall, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court's determination to designate the defendant a level two sex offender was supported by clear and convincing evidence ( see People v Fisher, 36 AD3d 880; People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545). There is no merit to the defendant's contention that he was entitled to a downward departure from this risk level ( see People v Gonzalez, 48 AD3d 284; People v Warren, 42 AD3d 593; People v Lombard, 30 AD3d 573).