People of State of New York, respondent, v. Edward Burgess, appellant. (2011)

Submitted-December 14, 2010

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Tomei, J.), dated March 25, 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 show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive risk level three designation (see People v. Bennis, 77 AD3d 896;  People v. Lynk, 74 AD3d 929, 929-930;  People v. Colavito, 73 AD3d 1004, 1005;  People v. Pearsall, 67 AD3d 876;  People v. Bowens, 55 AD3d 809, 810;  People v. Williams, 49 AD3d 518).   Accordingly, the Supreme Court appropriately determined him to be a level three sex offender, and, after considering the mitigating factors advanced by the defendant, providently exercised its discretion in denying his request for a downward departure (see People v. Lynk, 74 AD3d at 929-930;  People v. Colavito, 73 A.D.2d at 1004;  People v. Ainoris, 57 AD3d 864, 865).

MASTRO, J.P., RIVERA, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court