| People v Lynk |
| 2010 NY Slip Op 04977 [74 AD3d 929] |
| June 8, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnLynk, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbert andMichael Shollar of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated September 12, 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]),designated him a level two sex offender 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 Pearsall,67 AD3d 876 [2009]; People vAtkinson, 65 AD3d 1112 [2009]; People v Herron, 59 AD3d 414, 415 [2009]; People v Ainoris, 57 AD3d 864,865 [2008]; People v Pasquarelli,57 AD3d 753 [2008]; People vGuaman, 8 AD3d 545 [2004]; cf. People v Stevens, 55 AD3d 892, 894 [2008]).
Accordingly, the Supreme 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 (see People v Goodwin, 49 AD3d619, 621 [2008]). Fisher, J.P., Covello, Hall and Sgroi, JJ., concur.