—[*1] Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Tiffany L. Henry on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Mullen, J.), dated June 14, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that on the Court's own motion, the notice of appeal dated May 14, 2010, is deemed to be a premature notice of appeal from the order dated June 14, 2011 (see CPLR 5520 [c]); and it is further,

Ordered that the order dated June 14, 2011, is affirmed, without costs or disbursements.

The defendant's contention that he was entitled to a downward departure from his presumptive level two risk assessment is unpreserved for appellate review (see People v Bowles, 89 AD3d 171, 180 [2011]; People v Spring, 83 AD3d 1028 [2011]; People v Iorio, 74 AD3d 1306, 1307 [2010]; People v Williams, 46 AD3d 652 [2007]) and, in any event, without merit (see People v Wyatt, 89 AD3d 112; People v Bowles, 89 AD3d at 180; People v Spring, 83 AD3d at 1028; People v Iorio, 74 AD3d at 1307). Accordingly, the Supreme Court properly designated the defendant a level two sex offender. Rivera, J.P., Balkin, Eng and Austin, JJ., concur.