PEOPLE v. PALMER (2013)

PEOPLE of State of New York, respondent, v. Brian PALMER, appellant.

Decided: June 19, 2013

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN and ROBERT J. MILLER, JJ.

Steven Banks, New York, N.Y. (Lorraine Maddalo of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Diana Teverovskaya on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated June 2, 2011, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6–C.

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

Contrary to the defendant's contention, there was clear and convincing evidence to support the Supreme Court's determination to designate him a level three sexually violent offender (see Correction Law § 168–n[3]; People v. Pettigrew, 14 NY3d 406, 408; People v. Mingo, 12 NY3d 563, 571; People v. Gilligan, 94 AD3d 844). Moreover, the Supreme Court properly determined that he was not entitled to a downward departure from his presumptive risk level (see People v. Wyatt, 89 AD3d 112, 128–129; People v. Santana, 104 AD3d 660, lv denied 21 NY3d 854).

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