Steven Banks, New York, N.Y. (Lorraine Maddalo of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Diana Teverovskaya on the brief), for respondent.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, ROBERT J. MILLER, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated June 2, 2011, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, there was clear and convincing evidence to support the Supreme Court's determination to designate him a level three sexually violent offender (see Correction Law § 168-n; People v Pettigrew, 14 N.Y.3d 406, 408; People v Mingo, 12 N.Y.3d 563, 571; People v Gilligan, 94 A.D.3d 844). Moreover, the Supreme Court properly determined that he was not entitled to a downward departure from his presumptive ...