| People v Wood |
| 2013 NY Slip Op 08065 [112 AD3d 602] |
| December 4, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Steven Wood, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J.Dennehy, and Daniel Berman of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County(Sullivan J.), dated April 4, 2012, which, after a hearing pursuant to Correction Lawarticle 6-C, designated him a level two sex offender.
Ordered that the order is affirmed, without costs or disbursements.
A departure from the presumptive risk level is warranted where "there exists anaggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequatelytaken into account by the guidelines" (Sex Offender Registration Act: Risk AssessmentGuidelines and Commentary at 4 [2006]; see People v Wyatt, 89 AD3d 112, 119 [2011]; People v Bussie, 83 AD3d920, 920-921 [2011]). Here, the Supreme Court properly determined that thedefendant was not entitled to a downward departure and, thus, properly designated himas a level two sex offender (see People v Wyatt, 89 AD3d at 131; People v Mondo, 88 AD3d676 [2011]; People vPadro, 84 AD3d 1046 [2011]).
The defendant's remaining contention is without merit. Dillon, J.P., Angiolillo,Roman and Sgroi, JJ., concur.