| People v Smith |
| 2010 NY Slip Op 05936 [75 AD3d 1112] |
| July 2, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Robert H.Smith, Appellant. |
—[*1] Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), forrespondent.
Appeal from an order of the Livingston County Court (Dennis S. Cohen, J.), enteredNovember 28, 2007. The order determined that defendant is a level two risk pursuant to the SexOffender Registration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level two riskpursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 etseq.). Contrary to the contention of defendant, County Court properly assessed 10 pointsagainst him under the risk factor for acceptance of responsibility. Although defendant pleadedguilty to the crime underlying the SORA determination, the court properly concluded that thestatements contained in the letter that he submitted to the Board of Examiners of Sex Offendersand the statements that he made during the SORA hearing did not "reflect a genuine acceptanceof responsibility as required by the risk assessment guidelines developed by the Board [ofExaminers of Sex Offenders]" (People vNoriega, 26 AD3d 767 [2006], lv denied 6 NY3d 713 [2006] [internal quotationmarks omitted]; see People vCarman, 33 AD3d 1145, 1146 [2006]; People v Mitchell, 300 AD2d 377, 378[2002], lv denied 99 NY2d 510 [2003]).
Contrary to the further contention of defendant, he failed to present clear and convincingevidence of special circumstances justifying a downward departure from his presumptive risklevel (see People v Clark, 66 AD3d1366 [2009], lv denied 13 NY3d 713 [2009]; People v McDaniel, 27 AD3d 1158 [2006], lv denied 7NY3d 703 [2006]).
Finally, we conclude that the court's oral findings of fact and conclusions of law "are clear,supported by the record and sufficiently detailed to permit intelligent appellate review" (People v Roberts, 54 AD3d 1106,1106-1107 [2008], lv denied 11 NY3d 713 [2008]; see People v Wood, 60 AD3d 1350 [2009]; People v Leibach, 39 AD3d 1093,1094 [2007], lv denied 9 NY3d 806 [2007]). Present—Centra, J.P., Peradotto,Carni, Pine and Gorski, JJ.