| People v Pearsall |
| 2009 NY Slip Op 08594 [67 AD3d 876] |
| November 17, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Arthur E. Pearsall, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Spinner, J.),dated November 18, 2008, which, after a hearing to redetermine the defendant's sex offender risklevel pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998])and pursuant to Doe v Pataki (481 F3d 69 [2007]), designated him a level two sexoffender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show, by clear and convincing evidence, that special circumstancesexisted warranting a downward departure from his presumptive risk level two sex offenderdesignation (see People v Herron,59 AD3d 414 [2009]; People vAinoris, 57 AD3d 864 [2008]; People v Pasquarelli, 57 AD3d 753 [2008]; People v Guaman, 8 AD3d 545[2004]; cf. People v Abdullah, 31AD3d 515, 516 [2006]).
Accordingly, the County Court, after considering the mitigating factors advanced by thedefendant, appropriately determined the defendant to be a level two sex offender and providentlyexercised its discretion in denying his request for a downward departure. Skelos, J.P., Eng,Austin and Roman, JJ., concur.