| People v Carter |
| 2011 NY Slip Op 05472 [85 AD3d 995] |
| June 21, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamesCarter, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Gamaliel Marrero on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.),dated September 14, 2009, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The People established, by clear and convincing evidence, that the defendant had previouslybeen convicted of a felony sex crime. Therefore, he was presumptively a level three sex offenderpursuant to an automatic override addressing prior felony convictions for sex crimes (seeSex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 3-4 [2006]; People v Fareira, 80 AD3d 589,590 [2011]; People v King, 74AD3d 1162, 1163 [2010]; People vGuitard, 57 AD3d 751, 752 [2008]; People v Winney, 43 AD3d 1239 [2007]). Furthermore, theSupreme Court did not improvidently exercise its discretion in concluding that the mitigatingfactors proffered by the defendant did not warrant a downward departure from his presumptiverisk level (see People v Sivells, 83AD3d 1027 [2011]; People vBussie, 83 AD3d 920 [2011]; People v Adams, 44 AD3d 1020 [2007]). Rivera, J.P., Skelos, Halland Austin, JJ., concur.