People v Dingle
2010 NY Slip Op 09235 [79 AD3d 834]
December 14, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


The People of the State of New York, Respondent,
v
Robert Dingle, Appellant.

—[*1] Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Sam Hershey on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.), dated June 30, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from his presumptive level three risk assessment (see People v Colavito, 73 AD3d 1004, 1005 [2010]; People v Bowens, 55 AD3d 809, 810 [2008]; People v Guaman, 8 AD3d 545 [2004]). Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender. Skelos, J.P., Eng, Hall and Lott, JJ., concur.