People v Gallo
2011 NY Slip Op 04441 [84 AD3d 1204]
May 24, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


The People of the State of New York, Respondent,
v
Stephen Gallo, Also Known as Steven Gallo, Appellant.

—[*1] Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated October 3, 2008, which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]) and pursuant to Doe v Pataki (481 F3d 69 [2007]), designated him a level two sex offender pursuant to Correction Law article 6-C.

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

The Supreme Court, after considering the alleged mitigating factors advanced by the defendant, providently exercised its discretion in denying his request for a downward departure from his presumptive designation as a risk level two sex offender. Angiolillo, J.P., Florio, Lott and Austin, JJ., concur.