People v Bowens
2009 NY Slip Op 09633 [68 AD3d 1082]
December 22, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York, Respondent,
v
Ervin Bowens, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated December 18, 2008, 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 show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender (see People v Foy, 49 AD3d 835 [2008]). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender (see People v Bowens, 55 AD3d 809 [2008]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.