People of State of New York, respondent, v. Anthony Mondo, appellant. (2011)

Submitted—September 13, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Suffolk County (Kahn, J.), dated September 7, 2010, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.

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

“A departure from the presumptive risk level is warranted where ‘there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines' ” (People v. Bussie, 83 AD3d 920, 920–921, lv denied 17 NY3d 704, quoting Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary, at 4 [2006 ed.];   see People v. Alston, 86 AD3d 553, 554).   Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level two sex offender (see People v. Padro, 84 AD3d 1046, lv denied NY3d, 2011 N.Y. Slip Op 84341 [2011] ).

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court