| People v Rivera |
| 2008 NY Slip Op 04331 [51 AD3d 646] |
| May 6, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Leonides Rivera, 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 (Meyer, J.),dated January 9, 2007, which, after a hearing, designated him a level two sex offender pursuantto Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention on appeal, there was clear and convincing evidence tosupport the assessment of 10 points for his failure to accept responsibility for his conduct (seePeople v Mitchell, 300 AD2d 377 [2002]). Thus, he was properly designated a level two sexoffender under the Sex Offender Registration Act (see People v Adams, 44 AD3d 1020 [2007]; People v Inghilleri, 21 AD3d 404[2005]).
The defendant's contention that a discretionary downward departure to a level one sexoffender status was warranted is not preserved for appellate review (see People v Kelly, 46 AD3d 790[2007]). In any event, the defendant failed to demonstrate by clear and convincing evidence thatthere existed a mitigating factor or factors of a kind or to a degree not otherwise taken intoaccount by the guidelines that warranted a downward departure from his presumptive level twosex offender status (see People vAdams, 44 AD3d 1020 [2007]; People v Inghilleri, 21 AD3d 404 [2005]). Mastro, J.P., Ritter,Carni and Eng, JJ., concur.