People v Garcia

2008 NY Slip Op 08722 [56 AD3d 539]

November 12, 2008

Appellate Division, Second Department

As corrected through Wednesday, January 7, 2009

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

—[*1]Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for respondent.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Fletcher W. Strong on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.),dated September 24, 2007, 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.

There was clear and convincing evidence presented at the hearing to support the designationof the defendant as a level three sex offender (see Correction Law § 168-n [3]; People v Niola, 50 AD3d 991[2008]; People v Galligan, 41 AD3d683 [2007]; People v Wright,37 AD3d 797 [2007]). There is no merit to the defendant's assertion that he wasimproperly assessed certain points on the risk assessment instrument, or that he was entitled to adownward departure from the presumptive risk level three designation (see People v Arciola, 54 AD3d741 [2008]; People v Pardo, 50AD3d 992 [2008]; People v Foy,49 AD3d 835 [2008]; People vLombard, 30 AD3d 573 [2006]). Skelos, J.P., Ritter, Carni and Dickerson, JJ., concur.