People v Adams
2007 NY Slip Op 08205 [44 AD3d 1020]
October 30, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
Curtis R. Adams, Appellant.

[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel; William C. Nash on the brief), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated July 5, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contention, the County Court providently exercised its discretion in denying his request for a downward departure from his presumptive risk level as shown on the risk assessment instrument. The defendant failed to present clear and convincing evidence of special circumstances warranting such a departure. In fact, his contention that his ill health would militate against his reoffending is belied by his own actions in committing a sexual offense at a time when his kidneys allegedly had already failed (see People v Inghilleri, 21 AD3d 404, 405-406 [2005]; People v Davis, 26 AD3d 364 [2006]; cf. People v Abdullah, 31 AD3d 515, 516 [2006]).

In light of our determination, we need not reach the People's contentions. Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.