Appellate Division of the Supreme Court of New York, 2011

People v. Stahl

People v. Stahl
Appellate Division of the Supreme Court of New York · Decided April 26, 2011
83 A.D.3d 1028; 921 N.Y.S.2d 528
People v. Stahl

Opinion of the Court

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 5, 2009, which, after a hearing, designated him a level two 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, he is not entitled to a downward departure from his presumptive level two risk assessment. The defendant failed to show the existence of special circumstances warranting a downward departure (see People v Mendez, 79 AD3d 834 [2010], lv denied 16 NY3d 707 [2011]; People v Johnson, 77 AD3d 897 [2010], lv denied 16 NY3d 704 [2011]; People v Maiello, 32 AD3d 463 [2006]). Accordingly, the County Court providently exercised its discretion in designating the defendant a level two sex offender. Dillon, J.P., Dickerson, Hall and Roman, JJ., concur.

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