Opinion
No. 2005-06895.
December 11, 2007.
Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated June 15, 2005, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.
Steven Banks, New York, N.Y. (Steven J. Miraglia of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Maria Park of counsel), for respondent.
Before: Schmidt, J.P., Rivera, Florio and Balkin, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's determination to designate him a level three sex offender is supported by clear and convincing evidence, and thus, should not be disturbed ( see Correction Law § 168-n; People v Morris, 33 AD3d 778; People v Robert I., 33 AD3d 777).
The defendant's remaining contention, that he is entitled to a downward departure is unpreserved for appellate review ( see People v Graham, 35 AD3d 299) and, in any event, is without merit.