People v Atkinson

2009 NY Slip Op 06522 [65 AD3d 1112]

September 15, 2009

Appellate Division, Second Department

As corrected through Wednesday, November 4, 2009

The People of the State of New York,Respondent, v Michael J. Atkinson, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.),dated August 25, 2008, 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 County Court's determination todesignate the defendant a level three sex offender (see People v Fisher, 36 AD3d 880 [2007]; People v Inghilleri, 21 AD3d 404[2005]; People v Guaman, 8 AD3d545 [2004]). There is no merit to the defendant's contention that he was entitled to adownward departure from this risk level (see People v Abdullah, 31 AD3d 515 [2006]; People v Ventura, 24 AD3d 527[2005]; People v Dexter, 21 AD3d403 [2005]). Fisher, J.P., Florio, Covello and Dickerson, JJ., concur.