People v Santana
2013 NY Slip Op 01387 [104 AD3d 660]
March 6, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


The People of the State of New York, Respondent,
v
Aristides Santana, Appellant.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated March 26, 2012, 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.

Contrary to the defendant's contention, the County Court properly determined that he was not entitled to a downward departure from his presumptive risk level. Thus, he was properly designated a level three sex offender (see People v Wyatt, 89 AD3d 112, 128-129 [2011]; People v Bowden, 88 AD3d 972, 973 [2011]; People v Mondo, 88 AD3d 676 [2011]; People v Livingston, 87 AD3d 628 [2011]). Rivera, J.P., Hall, Roman and Miller, JJ., concur.