Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered March 12, 2010.
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.
Decided on December 30, 2011
PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ.
The order determined that defendant is a level two 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 two 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, that contention lacks merit "inasmuch as defendant failed to present clear and convincing evidence of special circumstances justifying a downward departure" (People v McDaniel, 27 AD3d 1158, 1159, lv denied 7 NY3d 703).
Entered: December 30, 2011
Frances E. Cafarell Clerk of the Court
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