People v. Dingle

79 A.D.3d 834, 912 N.Y.S.2d 421

Opinion

Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.), dated June 30, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from his presumptive level three risk assessment (see People v Colavito, 73 AD3d 1004, 1005 [2010]; People v Bowens, 55 AD3d 809, 810 [2008]; People v Guaman, 8 AD3d 545 [2004]). Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender. Skelos, J.P., Eng, Hall and Lott, JJ., concur.