| People v Maiello |
| 2006 NYSlipOp 06226 |
| August 15, 2006 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v Richard J. Maiello, Appellant. |
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Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated July 18, 2005, which, pursuant to Correction Law article 6-C, designated him a level three sex offender.
Ordered that the order is affirmed, without costs or disbursements.
The defendant did not demonstrate circumstances which would warrant a departure from the presumptive level three risk level assigned to him under the risk assessment instrument (see People v Guaman, 8 AD3d 545 [2004]). The defendant's evidence, while demonstrating that he had made efforts toward rehabilitation and treatment, was conclusory and unsubstantiated. Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender. Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.