SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 31, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DONELL MCGUIRE, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Frank P. Geraci, Jr., A.J.), entered July 20, 2007. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
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.
PRESENT: MARTOCHE, J.P., SMITH, FAHEY, AND PINE, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that Supreme Court erred in refusing to grant his request for a downward departure from his presumptive risk level and to classify him as a level two risk. We reject that contention, inasmuch as defendant failed to present " clear and convincing evidence of special circumstances justifying a downward departure' " (People v Ratcliff, 53 AD3d 1110, quoting People v McDaniel, 27 AD3d 1158, 1159, lv denied 7 NY3d 703).
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