SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ELIUD BENNETT, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Frank P. Geraci, Jr., A.J.), entered March 19, 2010.
People v Bennett
Decided on December 30, 2011
Appellate Division, Fourth Department
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: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ.
The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant failed to preserve for our review his contention that he was entitled to a downward departure from his presumptive risk level (see People v Clark, 66 AD3d 1366, lv denied 13 NY3d 713; People v Ratcliff, 53 AD3d 1110, lv denied 11 NY3d 708). In any event, we reject that contention inasmuch as "defendant failed to present clear and convincing evidence of special circumstances justifying a downward departure" (People v Regan, 46 AD3d 1434, 1435).
Entered: December 30, 2011
Frances E. Cafarell Clerk of the Court
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