| People v Villane |
| 2008 NY Slip Op 01932 [49 AD3d 517] |
| March 4, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Joseph Villane, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart andLauren-Brooke Eisen of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated November 21, 2005, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in upwardly departing from thedefendant's presumptive sex offender level based upon clear and convincing evidence ofaggravating factors of a degree not taken into account by the risk assessment instrument and theguidelines (see People v Leibach, 39AD3d 1093 [2007]; People vAgard, 35 AD3d 568 [2006]). The defendant's remaining contentions need not beaddressed in light of our determination (see People v Turner, 45 AD3d 747 [2007]) and, in any event, arewithout merit (see People vJohnson, 47 AD3d 140 [2007];People v Lawless, 44 AD3d 738 [2007], lv denied 9 NY3d 816 [2007]). Miller,J.P., Covello, Eng and Chambers, JJ., concur.