| People v Padro |
| 2011 NY Slip Op 04221 [84 AD3d 1046] |
| May 17, 2011 |
| Appellate Division, Second Department |
| The People of State of New York, Respondent, v David Padro,Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneGrady of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated January 9, 2009, which, after a hearing to redetermine his sex offender risk level pursuantto the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), designated hima 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 demonstrate that certain mitigating factors existed warranting adownward departure from his presumptive risk level two designation. Accordingly, the SupremeCourt providently exercised its discretion in designating him a level two sex offender (see People v Lee, 77 AD3d 897,898 [2010]; People v Donaldson, 66AD3d 749, 750 [2009]; People vWilliams, 49 AD3d 518 [2008]; cf. People v Abdullah, 31 AD3d 515, 516 [2006]). Rivera, J.P.,Skelos, Florio and Austin, JJ., concur.