| People v Smith |
| 2011 NY Slip Op 05250 |
| Decided on June 14, 2011 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 14, 2011
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
2009-06195
Steven Banks, New York, N.Y. (Joanne Legano Ross of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Morgan J. Dennehy of
counsel; Gamaliel Marrero on the
brief), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated June 26, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the Supreme Court's determination to designate the defendant a level three sex offender (see People v Fisher, 36 AD3d 880; People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545). There is no merit to the defendant's contention that he was entitled to a downward departure from this risk level (see People v Fareira, 80 AD3d 589; People v Burgess, 80 AD3d 589; People v Gonzalez, 48 AD3d 284; People v Warren, 42 AD3d 593; People v Fortin, 29 AD3d 765; see also People v Iorio, 74 AD3d 1306; People v Miller, 48 AD3d 774).
DILLON, J.P., BALKIN, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court