SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 16, 2008
PEOPLE OF STATE OF NEW YORK, RESPONDENT,
JAMES PASQUARELLI, APPELLANT.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated April 23, 2007, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
STEVEN W. FISHER, J.P., ANITA R. FLORIO, EDWARD D. CARNI and CHERYL E. CHAMBERS, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court's designation of the defendant as a level three sex offender was supported by clear and convincing evidence (see Correction Law article 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402; People v Smith, 5 AD3d 752; People v Moore, 1 AD3d 421). The Supreme Court providently exercised its discretion in denying the request for a downward departure from the defendant's presumptive risk level since the defendant did not assert a "mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006 ed]; see People v Foy, 49 AD3d 835; People v Walker, 47 AD3d 692, 694; People v Williams, 19 AD3d 388; People v Guaman, 8 AD3d 545).
FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.
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