| People v Pasquarelli |
| 2008 NY Slip Op 09975 [57 AD3d 753] |
| December 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamesPasquarelli, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart andLauren-Brooke Eisen of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated April 23, 2007, which, after a hearing, designated him a level three sex offender pursuant toCorrection Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court's designation of the defendant as a level three sex offender was supported byclear and convincing evidence (see Correction Law art 6-C; People v Dong V. Dao, 9 AD3d 401,401-402 [2004]; People v Smith, 5 AD3d 752 [2004]; People v Moore, 1 AD3d 421 [2003]). The Supreme Court providentlyexercised its discretion in denying the request for a downward departure from the defendant'spresumptive risk level since the defendant did not assert a "mitigating factor of a kind, or to a degree,that is otherwise not adequately taken into account by the guidelines" (Sex Offender Registration Act:Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Foy, 49 AD3d 835 [2008]; People v Walker, 47 AD3d 692, 694[2008]; People v Williams, 19 AD3d388 [2005]; People v Guaman, 8AD3d 545 [2004]). Fisher, J.P., Florio, Carni and Chambers, JJ., concur.