People of State of New York, respondent, v. Ronald J. Ledbetter, appellant. (2011)

Submitted-February 7, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Nassau County (Donnino, J.), dated June 17, 2005, which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v. Pataki (3 F Supp 2d 456), 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 People established by clear and convincing evidence the applicability of the fourth override, namely, that there has been “a clinical assessment that the offender has a psychological, physical, or organic abnormality that decreases his ability to control impulsive sexual behavior” (Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary at 4 [2006 ed];  see People v. Martin, 79 AD3d 717).   The defendant was diagnosed with pedophilia and, accordingly, an override to a level three designation was appropriate (see People v. Hoffman, 62 AD3d 976).

In any event, even absent the aforementioned override, under the facts of this case, an upward departure to a risk level three was warranted (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary at 4-5 [2006 ed.];  People v. Thompson, 31 AD3d 409).

The defendant's remaining contentions are without merit.

RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court