| People v Livingston |
| 2011 NY Slip Op 06256 [87 AD3d 628] |
| August 16, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v CurtisLivingston, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lori A. Alesio, Laurie Sapakoff, andRichard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea,J.), dated May 25, 2010, which, after a hearing pursuant to Correction Law article 6-C,designated him a level three sex offender.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's order adequately sets forth thefindings of fact and conclusions of law upon which its determination was based (seeCorrection Law § 168-n [3]; cf. People v Burke, 68 AD3d 1175, 1176 [2009]). Moreover, therecord on appeal permits meaningful appellate review of the propriety of the Supreme Court'srisk-level determination.
The Supreme Court properly determined that the defendant was not entitled to a downwarddeparture from his presumptive risk-level assessment and, thus, he was properly designated alevel three sex offender (see People vSmith, 85 AD3d 891 [2011]; People v Sivells, 83 AD3d 1027 [2011]; People v Bussie, 83 AD3d 920[2011], lv denied 17 NY3d 704 [2011]). Rivera, J.P., Covello, Florio and Lott, JJ.,concur.