| People v Correnti |
| 2015 NY Slip Op 01790 [126 AD3d 681] |
| March 4, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Anthony Correnti, Appellant. |
Anthony Correnti, West Islip, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel),for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn,J.), dated March 13, 2013, which, after a hearing, designated him a level three sexoffender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the assessment of 10 points under risk factor13 (conduct while confined or under supervision; unsatisfactory) was supported by clearand convincing evidence. The defendant's unsatisfactory conduct during hisimprisonment was established by the case summary, which revealed that he recentlycommitted two tier III disciplinary violations (see People v Williams, 102 AD3d 665 [2013]; People v Williams, 100 AD3d610, 611 [2012]; People vMabee, 69 AD3d 820, 821 [2010]). In any event, even if the 10 points assessedagainst the defendant under risk factor 13 were deducted from the total points assessed,the defendant would remain a presumptive level three sex offender (see People v Marsh, 116 AD3d680, 681 [2014]; People vHowell, 82 AD3d 857, 858 [2011]; People v Mercado, 55 AD3d 583 [2008]).
The County Court properly denied the defendant's application for a downwarddeparture from his presumptive risk level three designation. A defendant seeking toestablish a downward departure has the burden of identifying, as a matter of law, anappropriate mitigating factor and establishing by a preponderance of the evidence facts insupport of the identified mitigating factor. Contrary to the defendant's contention, hefailed to meet this burden with respect to any of the alleged mitigating factors (see People v Gillotti, 23 NY3d841, 861 [2014]; People vPavia, 121 AD3d 960 [2014]; People v Nunez, 121 AD3d 766 [2014]). Dillon, J.P.,Leventhal, Chambers and Roman, JJ., concur.