PEOPLE v. ADAMS (2007)

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated July 5, 2005, 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 providently exercised its discretion in denying his request for a downward departure from his presumptive risk level as shown on the Risk Assessment Instrument.   The defendant failed to present clear and convincing evidence of special circumstances warranting such a departure.   In fact, his contention that his ill health would militate against his reoffending is belied by his own actions in committing a sexual offense at a time when his kidneys allegedly had already failed (see People v. Inghilleri, 21 A.D.3d 404, 405-406, 799 N.Y.S.2d 793;  People v. Davis, 26 A.D.3d 364, 809 N.Y.S.2d 547;  cf. People v. Abdullah, 31 A.D.3d 515, 516, 818 N.Y.S.2d 267).

In light of our determination, we need not reach the People's contentions.