People v Nesbitt

People v Nesbitt 2010 NY Slip Op 09901 [79 AD3d 1116] December 28, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

The People of the State of New York, Respondent,
v
Kenyon Nesbitt, Appellant.

—[*1] Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jaclyn Belson of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Queens County (Kron, J.), dated December 8, 2008, 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.

The defendant's contention that he was entitled to a downward departure from his presumptive level three risk assessment is without merit (see People v Marin, 48 AD3d 535, 535-536 [2008]; People v Williams, 46 AD3d 652 [2007]; People v Velez, 38 AD3d 867, 868 [2007]; People v Williams, 19 AD3d 388 [2005]). Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender. Rivera, J.P., Dickerson, Lott and Sgroi, JJ., concur.