People of State of New York, respondent, v. David Padro, appellant. (2011)

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

People of State of New York, respondent, v. David Padro, appellant.

2009–00849

Decided: May 17, 2011

REINALDO E. RIVERA, J.P. PETER B. SKELOS ANITA R. FLORIO LEONARD B. AUSTIN, JJ.

Lynn W.L. Fahey, New York, N.Y. (Katherine A. Levine of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

Submitted—April 28, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 9, 2009, 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 two sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

The defendant failed to demonstrate that certain mitigating factors existed warranting a downward departure from his presumptive risk level two designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level two sex offender (see People v. Lee, 77 AD3d 897, 898; People v. Donaldson, 66 AD3d 749, 750; People v. Williams, 49 AD3d 518; cf. People v. Abdullah, 31 AD3d 515, 516).

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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