People of State of New York, respondent, v. Curtis Livingston, appellant. (2011)

Submitted—June 24, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea, J.) dated May 25, 2010, which, after a hearing pursuant to Correction Law article 6–C, designated him a level three sex offender.

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

Contrary to the defendant's contention, the Supreme Court's order adequately sets forth the findings of fact and conclusions of law upon which its determination was based (see Correction Law § 168–n[3];  cf.  People v. Burke, 68 AD3d 1175, 1176).   Moreover, the record on appeal permits meaningful appellate review of the propriety of the Supreme Court's risk-level determination.

The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk-level assessment and, thus, he was properly designated a level three sex offender (see People v. Smith, 85 AD3d 891;  People v. Sivells, 83 AD3d 1027;  People v. Bussie, 83 AD3d 920, lv denied NY3d, 2011 N.Y. Slip Op 76743 [2011] ).

RIVERA, J.P., COVELLO, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court