People of State of New York, respondent, v. Richard Davis, appellant. (2010)

Submitted-October 5, 2010

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (D'Emic, J.), dated June 12, 2009, 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.

The Supreme Court providently exercised its discretion in denying the defendant's request for a downward departure from his presumptive level three sex offender designation (see People v. King, 74 AD3d 1162;  People v. Pietarniello, 53 AD3d 475, 478;  People v. Taylor, 47 AD3d 907).   The defendant failed to demonstrate, by clear and convincing evidence, that there exists a mitigating factor of a kind or to a degree not otherwise taken into account by the Sex Offender Registration Act Guidelines that warranted such a departure (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary at 4 [2006 ed.];  People v. Pietarniello, 53 AD3d 475;  People v. Taylor, 47 AD3d 907).

DILLON, J.P., FLORIO, BALKIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court