| People v Niola |
| 2008 NY Slip Op 03616 [50 AD3d 991] |
| April 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher Niola, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan J.),dated March 28, 2007, which, after a hearing, designated him a level three sex offender pursuantto Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the designation of the defendant as alevel three sex offender (see Correction Law § 168-n [3]; People v Leeks, 43 AD3d 1251,1252 [2007]; People v Davenport,38 AD3d 634, 635 [2007]; People vFisher, 36 AD3d 880 [2007]; People v Inghilleri, 21 AD3d 404 [2005]; People v Guaman, 8 AD3d 545[2004]). There is no merit to the defendant's contention that he was improperly assessed certainpoints under the risk assessment instrument, or that he was otherwise entitled to a downwarddeparture from his presumptive risk level three designation (see People v Williams, 34 AD3d 662 [2006]; People v Abdullah, 31 AD3d 515[2006]; People v Lombard, 30AD3d 573, 574 [2006]; see alsoPeople v Stevens, 48 AD3d 536 [2008]; People v Davenport, 38 AD3d 634 [2007]; People v Vaughn, 26 AD3d 776[2006]). Ritter, J.P., Covello, Angiolillo and McCarthy, JJ., concur.