| People v Burch |
| 2010 NY Slip Op 04561 [73 AD3d 1145] |
| May 25, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tyrone Burch, Appellant. |
—[*1]
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 (Kahn, J.),dated June 25, 2009, 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 County Court did not improvidently exercise its discretion in declining to downwardlydepart from the defendant's presumptive risk level, inasmuch as there was no clear andconvincing evidence in the record of a mitigating factor "of a kind or to a degree, that isotherwise not adequately taken into account by the guidelines" (Sex Offender Registration Act:Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Kraus, 66AD3d 854 [2009]; People v Jacobs, 61 AD3d 835, 836 [2009]; People v Burgos,39 AD3d 520 [2007]; People v Agard, 35 AD3d 568 [2006]). Fisher, J.P., Balkin, Romanand Sgroi, JJ., concur.