Opinion
No. 2005-03697.
March 4, 2008.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.), dated March 15, 2005, which, after a hearing to redetermine the defendant's sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki ( 3 F Supp 2d 456), designated him a level three sex offender pursuant to Correction Law article 6-C.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Phyllis Mintz of counsel), for respondent.
Before: Mastro, J.P., Florio, Miller and Dickerson, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive risk level three designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level three sex offender ( see People v Maiello, 32 AD3d 463; People v Guaman, 8 AD3d 545; cf. People v Abdullah, 31 AD3d 515, 516).