| People v Adams |
| 2007 NY Slip Op 08205 [44 AD3d 1020] |
| October 30, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v CurtisR. Adams, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel; William C.Nash on the brief), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.),dated July 5, 2005, which, after a hearing, designated him a level three sex offender pursuant toCorrection Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the County Court providently exercised its discretionin denying his request for a downward departure from his presumptive risk level as shown on therisk assessment instrument. The defendant failed to present clear and convincing evidence ofspecial circumstances warranting such a departure. In fact, his contention that his ill health wouldmilitate against his reoffending is belied by his own actions in committing a sexual offense at atime when his kidneys allegedly had already failed (see People v Inghilleri, 21 AD3d404, 405-406 [2005]; People v Davis, 26 AD3d 364 [2006]; cf. People vAbdullah, 31 AD3d 515, 516 [2006]).
In light of our determination, we need not reach the People's contentions. Rivera, J.P.,Krausman, Florio and Dillon, JJ., concur.