People v Turner

People v Turner 2009 NY Slip Op 09635 [68 AD3d 1082] December 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Wani Turner, Appellant.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 17, 2009, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.

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

The Supreme Court's determination to designate the defendant a level two sex offender was supported by clear and convincing evidence (see People v Fisher, 36 AD3d 880 [2007]; People v Inghilleri, 21 AD3d 404 [2005]; People v Guaman, 8 AD3d 545 [2004]). There is no merit to the defendant's contention that he was entitled to a downward departure from this risk level (see People v Gonzalez, 48 AD3d 284 [2008]; People v Warren, 42 AD3d 593 [2007]; People v Lombard, 30 AD3d 573 [2006]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.