| People v Sam |
| 2009 NY Slip Op 08595 [67 AD3d 876] |
| November 17, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jerome Sam, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.),dated May 9, 2008, which, after a hearing, designated him a level two sex offender pursuant toCorrection Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to demonstrate by clear and convincing evidence that there existed amitigating factor of a kind or to a degree not otherwise taken into account by the guidelines (see People v Jacobs, 61 AD3d 835[2009]; People v Serrano, 61 AD3d946, 947 [2009]; People vAbdullah, 31 AD3d 515, 516 [2006]). The factors relied upon by the defendant, alcoholabuse and his relationship with the victim, are expressly addressed in the SORA guidelines (see People v Perez, 61 AD3d 946[2009]; People v Townsend, 60AD3d 655 [2009]). The County Court appropriately designated the defendant a level twosex offender and providently exercised its discretion in denying his request for a downwarddeparture. Fisher, J.P., Angiolillo, Eng and Lott, JJ., concur.