Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.
MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, SHERI S. ROMAN, SANDRA L. SGROI, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan J.), dated April 4, 2012, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.
ORDERED that the order is affirmed, without costs or disbursements.
A departure from the presumptive risk level is warranted where "there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 ; see People v Wyatt, 89 A.D.3d 112, 119; People v Bussie, 83 A.D.3d 920, 920-921). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him as a level two sex offender (see People v Wyatt, 89 A.D.3d at 131; People v Mondo, 88 A.D.3d 676; People v Padro, 84 A.D.3d 1046).
The defendant's remaining contention is without merit.
DILLON, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., ...