People v Williams

2008 NY Slip Op 01933 [49 AD3d 518]

March 4, 2008

Appellate Division, Second Department

As corrected through Wednesday, May 14, 2008

The People of the State of New York,Respondent, v Dwayne Williams, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee,and Phyllis Mintz of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.),dated March 15, 2005, which, after a hearing to redetermine the defendant's sex offender risklevel pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]),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 show by clear and convincing evidence that special circumstancesexisted warranting a downward departure from his presumptive risk level three designation.Accordingly, the Supreme Court providently exercised its discretion in designating him a levelthree sex offender (see People vMaiello, 32 AD3d 463 [2006]; People v Guaman, 8 AD3d 545 [2004]; cf. People v Abdullah, 31 AD3d515, 516 [2006]). Mastro, J.P., Florio, Miller and Dickerson, JJ., concur.