People v. Mason

35 A.D.3d 569, 824 N.Y.S.2d 739

Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Hinrichs, J.), dated March 11, 2005, 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.

Contrary to the defendant’s contention, the Supreme Court’s determination designating him a level three sex offender is supported by clear and convincing evidence (see Correction Law § 168-n [3]; People v Maiello, 32 AD3d 463 [2006]; People v Johnson, 23 AD3d 635 [2005]).

The defendant failed to present clear and convincing evidence of the existence of special circumstances to warrant a downward departure from his presumptive risk level as determined by the risk assessment instrument (see People v Davis, 26 AD3d 364 [2006]; People v Masters, 19 AD3d 387 [2005]; People v Williams, 19 AD3d 388 [2005]). Miller, J.P., Goldstein, Skelos and Fisher, JJ., concur.