People of State of New York, respondent, v. Robert Dingle, appellant. (2010)

Supreme Court, Appellate Division, Second Department, New York.

People of State of New York, respondent, v. Robert Dingle, appellant.

2009-06398

Decided: December 14, 2010

PETER B. SKELOS, J.P. RANDALL T. ENG L. PRISCILLA HALL PLUMMER E. LOTT, JJ.

Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Sam Hershey on the brief), for respondent.

Submitted-November 22, 2010

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.), dated June 30, 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 defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from his presumptive level three risk assessment (see People v. Colavito, 73 AD3d 1004, 1005; People v. Bowens, 55 AD3d 809, 810; People v. Guaman, 8 AD3d 545). Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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