| People v Gochnour |
| 2008 NY Slip Op 03183 [50 AD3d 754] |
| April 8, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Gochnour, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rooney,J.), dated August 22, 2006, which, after a hearing, designated him a level two sex offenderpursuant 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 properly assessed points for hisfailure to accept responsibility for his offense (see People v Gonzalez, 48 AD3d 226 [2008]; People v Dubuque, 35 AD3d 1011[2006]).
Furthermore, the defendant failed to show by clear and convincing evidence that thereexisted mitigating circumstances of a kind or to a degree not otherwise taken into account by therisk assessment instrument, which warranted a downward departure from his presumptive risklevel designation (see People vMarin, 48 AD3d 535 [2008]; People v Taylor, 48 AD3d 775 [2008]; People v Galligan, 41 AD3d 683[2007]). Accordingly, the court providently exercised its discretion in designating him a leveltwo sex offender (id.). Skelos, J.P., Covello, Eng and Leventhal, JJ., concur.