| People v Brown |
| 2011 NY Slip Op 05036 [85 AD3d 750] |
| June 7, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Clayton Brown, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehey,and Matthew Livits of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Chun, J.), datedApril 20, 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 Board of Examiners of Sex Offenders recommended that the defendant be classified as alevel three sex offender. "A departure from the presumptive risk level is warranted where 'thereexists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise notadequately taken into account by the guidelines' " (People v Bussie, 83 AD3d 920, 920-921 [2011], quoting SexOffender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]). TheSupreme Court properly determined that the defendant was not entitled to a downward departureand, thus, properly designated the defendant a level three sex offender (see People v Bussie, 83 AD3d 920[2011]; People v Mendez, 79 AD3d834 [2010]). Prudenti, P.J., Angiolillo, Florio and Cohen, JJ., concur.