| People v Mondo |
| 2011 NY Slip Op 07019 [88 AD3d 676] |
| October 4, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Mondo, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), forrespondent.
Appeal by the defendant from an order of the Supreme Court, Suffolk County (Kahn, J.),dated September 7, 2010, which, after a hearing, designated him a level two sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
"A departure from the presumptive risk level is warranted where 'there exists an aggravatingor mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into accountby the guidelines' " (People vBussie, 83 AD3d 920, 920-921 [2011], lv denied 17 NY3d 704 [2011], quotingSex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Alston, 86 AD3d553, 554 [2011]). Here, the Supreme Court properly determined that the defendant was notentitled to a downward departure and, thus, properly designated the defendant a level two sexoffender (see People v Padro, 84AD3d 1046 [2011], lv denied 17 NY3d 711 [2011]). Dillon, J.P., Eng, Sgroi andMiller, JJ., concur.