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The People of the State of New York, Respondent, v. Aristides Santana, Appellant

New York Supreme Court, Appellate Division2013-03-06
104 A.D.3d 660960 N.Y.S.2d 321

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Opinion

majority opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated March 26, 2012, 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.

Contrary to the defendant’s contention, the County Court properly determined that he was not entitled to a downward departure from his presumptive risk level. Thus, he was properly designated a level three sex offender (see People v Wyatt, 89 AD3d 112, 128-129 [2011]; People v Bowden, 88 AD3d 972, 973 [2011]; People v Mondo, 88 AD3d 676 [2011]; People v Livingston, 87 AD3d 628 [2011]). Rivera, J.E, Hall, Roman and Miller, JJ., concur.