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The People of the State of New York, Respondent, v. Clifford Mack, Appellant

New York Supreme Court, Appellate Division2016-06-08
140 A.D.3d 84331 N.Y.S.3d 897

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Opinion

majority opinion

Appeal by the defendant from an order of the Supreme Court, Kings County (Garnett, J.), dated April 10, 2013, 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 Supreme Court providently exercised its discretion in determining that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level three sex offender (see People v Gillotti, 23 NY3d 841, 861 [2014]; People v Gordon, 133 AD3d 835, 836-837 [2015]; People v Wyatt, 89 AD3d 112 [2011]; People v Wragg, 41 AD3d 1273, 1274 [2007]).

Mastro, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.