THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GEORGE E. ROGERS, DEFENDANT-APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends he was entitled to a downward departure from his presumptive risk level. Defendant failed to preserve that contention for our review (see People v. Gilbert, 78 AD3d 1584, 1585-1586; People v. Kelley, 64 AD3d 1192, lv denied 13 NY3d 708). In any event, that contention lacks merit inasmuch as defendant failed to “ ‘present clear and convincing evidence of special circumstances justifying a downward departure’ “ (People v. Clark, 66 AD3d 1366, 1367, lv denied 13 NY3d 713; see People v. Sawyer, 78 AD3d 1517).
Patricia L. Morgan
Clerk of the Court