| People v Stella |
| 2010 NY Slip Op 02527 [71 AD3d 970] |
| March 23, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnW. Stella, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.),dated July 30, 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.
In October 2006 the defendant possessed, on his computer, multiple pornographic images ofboys under the age of 16, posing in lewd positions and exposing their genitals. He pleaded guiltyto one count of attempted possession of a sexual performance by a child, in full satisfaction ofthe indictment. After a hearing pursuant to the Sex Offender Registration Act (Correction Lawart 6-C; hereinafter SORA), the defendant was designated a level two sex offender. We affirm.
The County Court providently exercised its discretion in designating the defendant a leveltwo sex offender. The children depicted in the pornographic images that the defendant possessedare "victims" within the meaning of SORA (see People v Johnson, 11 NY3d 416, 420 [2008]; People v Perahia, 57 AD3d 865,866 [2008]; People v Worley, 57AD3d 753, 754 [2008]; People vVillane, 49 AD3d 517 [2008]; People v Lawless, 44 AD3d 738 [2007]). Moreover, the defendantdid not demonstrate that special circumstances existed which would warrant a departure from thepresumptive risk level two designation (see People v Maiello, 32 AD3d 463 [2006]; People v Guaman, 8 AD3d 545[2004]). Rivera, J.P., Florio, Miller and Eng, JJ., concur.