People v Donaldson

People v Donaldson 2009 NY Slip Op 07386 [66 AD3d 749] October 13, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
John L. Donaldson, Appellant.

—[*1] Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Dori Cohen of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Michael E. Soffer of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Nassau County (Donnino, J.), dated June 17, 2005, which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), 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 failed to show, by clear and convincing evidence, that special circumstances existed warranting a downward departure from his presumptive risk level three designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level three sex offender (see People v Ainoris, 57 AD3d 864 [2008]; People v Bowens, 55 AD3d 809, 810 [2008]; People v Windham, 37 AD3d 571 [2007], affd 10 NY3d 801 [2008]; People v Morales, 33 AD3d 982, 983 [2006]). Rivera, J.P., Florio, Eng and Leventhal, JJ., concur.