People of State of New York, respondent, v James Carter, appellant. v. << (2011)

Submitted—May 20, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated September 14, 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 People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime.   Therefore, he was presumptively a level three sex offender pursuant to an automatic override addressing prior felony convictions for sex crimes (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary at 3–4 [2006 ed.];  People v. Fareira, 80 AD3d 589, 590;  People v. King, 74 AD3d 1162, 1163;  People v. Guitard, 57 AD3d 751, 752;  People v. Winney, 43 AD3d 1239).   Furthermore, the Supreme Court did not improvidently exercise its discretion in concluding that the mitigating factors proffered by the defendant did not warrant a downward departure from his presumptive risk level (see People v. Sivells, 83 AD3d 1027;  People v. Bussie, 83 AD3d 920;  People v. Adams, 44 AD3d 1020).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court