SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 20, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered September 21, 2010.
People v Brockington
Decided on April 20, 2012
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: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, 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 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 Regan, 46 AD3d 1434, 1435; see Ratcliff, 53 AD3d 1110). Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court
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