People v Shinn
2011 NY Slip Op 07403 [88 AD3d 861]
October 18, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Raymond Shinn, Appellant.

—[*1] Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Andrew Dykens on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated December 10, 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 correctly denied the defendant's request for a downward departure from his presumptive risk level two designation (see People v Wyatt, 89 AD3d 112 [2011] [decided herewith]; People v Gallo, 84 AD3d 1204 [2011]). Rivera, J.P., Florio, Austin and Sgroi, JJ., concur.