People v Spring

2011 NY Slip Op 03569 [83 AD3d 1028]

April 26, 2011

Appellate Division, Second Department

As corrected through Wednesday, June 8, 2011

The People of the State of New York,Respondent, v Daniel Spring, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), forrespondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), datedFebruary 3, 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 defendant's contention that he was entitled to a downward departure to a level two sexoffender status is unpreserved for appellate review (see People v Iorio, 74 AD3d 1306[2010]; People v Rivera, 51 AD3d 646, 647 [2008]; People v Lewis, 50 AD3d1567, 1568 [2008]). In any event, the defendant failed to demonstrate that there existedmitigating circumstances of a kind or to a degree not otherwise adequately taken into account bythe guidelines that warranted a downward departure from his presumptive level three sexoffender status (see People v Mendez, 79 AD3d 834 [2010], lv denied 16 NY3d707 [2011]; People v Maiello, 32 AD3d 463 [2006]). Dillon, J.P., Covello, Florio andHall, JJ., concur.