People of State of New York, respondent, v. Raymond Shinn, appellant. (2011)

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

People of State of New York, respondent, v. Raymond Shinn, appellant.

2009–00645

Decided: October 18, 2011

REINALDO E. RIVERA, J.P. ANITA R. FLORIO LEONARD B. AUSTIN SANDRA L. SGROI, JJ.

Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Andrew Dykens on the brief), for respondent.

Submitted—September 27, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated December 10, 2008, 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), and pursuant to Doe v. Pataki (481 F3d 69), 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 Supreme Court correctly denied the defendant's request for a downward departure from his presumptive risk level two designation (see People of State of New York v Wyatt, _ AD3d_ [decided herewith]; People v. Gallo, 84 AD3d 1204).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court

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