People v Rosado |
2011 NY Slip Op 07617 [88 AD3d 974] |
October 25, 2011 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of State of New York, Respondent, v Marshall Rosado, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Elisheva Mochkin on the brief), for respondent.
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 v Wyatt, 89 AD3d 112 [2011]; People v Livingston, 87 AD3d 628 [2011]; People v Alston, 86 AD3d 553, 554 [2011]; People v Rodriguez, 67 AD3d 596, 597 [2009]; People v Adams, 44 AD3d 1020 [2007]; People v Wragg, 41 AD3d 1273, 1274 [2007]; cf. People v Stevens, 55 AD3d 892, 894 [2008]).
The defendant's remaining contention is without merit. Dillon, J.P., Balkin, Eng and Cohen, JJ., concur.