People of State of New York, respondent, v. Marshall Rosado, appellant. (2011)

Submitted—October 4, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Balter, J.), dated August 10, 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.

The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level two sex offender (see People of State of New York v Wyatt, AD3d, 2011 N.Y.App.Div. LEXIS 07244 [2d Dept 2011];  People v. Livingston, 87 AD3d 628;  People v. Alston, 86 AD3d 553, 554;  People v. Rodriguez, 67 AD3d 596, 597;  People v. Adams, 44 AD3d 1020;  People v. Wragg, 41 AD3d 1273, 1274;  cf.  People v. Stevens, 55 AD3d 892, 894).

The defendant's remaining contention is without merit.

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court