People v Stahl
2011 NY Slip Op 03570 [83 AD3d 1028]
April 26, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent,
v
Ronald Stahl, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 5, 2009, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contention, he is not entitled to a downward departure from his presumptive level two risk assessment. The defendant failed to show the existence of special circumstances warranting a downward departure (see People v Mendez, 79 AD3d 834 [2010], lv denied 16 NY3d 707 [2011]; People v Johnson, 77 AD3d 897 [2010], lv denied 16 NY3d 704 [2011]; People v Maiello, 32 AD3d 463 [2006]). Accordingly, the County Court providently exercised its discretion in designating the defendant a level two sex offender. Dillon, J.P., Dickerson, Hall and Roman, JJ., concur.