| People v Abreu |
| 2011 NY Slip Op 07825 [89 AD3d 711] |
| November 1, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Apolonio Abreu, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel; Reuben Arnold on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Dowling, J.),dated September 22, 2010, 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 strangled hisrape victim to death. Accordingly, he was presumptively designated a level three sex offenderpursuant to the automatic override which applies to offenders who have inflicted serious physicalinjury or caused the death of the victim (see Sex Offender Registration Act: RiskAssessment Guidelines and Commentary, at 3-4 [2006]; People v Carter, 85 AD3d 995 [2011], lv denied 17 NY3d712 [2011]; People v Fareira, 80AD3d 589, 590 [2011]; People vMartin, 79 AD3d 717, 718 [2010]; People v King, 74 AD3d 1162, 1163 [2010]). Further, the SupremeCourt properly determined that the defendant was not entitled to a downward departure from hispresumptive risk level (see People vLivingston, 87 AD3d 628 [2011]; People v Alston, 86 AD3d 553, 554 [2011]; People vCarter, 85 AD3d at 995-996; Peoplev Bussie, 83 AD3d 920 [2011]). Mastro, J.P., Eng, Belen and Hall, JJ., concur.