Lynn W.L. Fahey, New York, N.Y. (Erin R. Collins of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Elisheva Mochkin on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Balter, J.), dated August 10, 2010, 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.
The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level two sex offender ( see People of State of New York v. Wyatt, ––– A.D.3d ––––, 931 N.Y.S.2d 85 [2011]; People v. Livingston, 87 A.D.3d 628, 928 N.Y.S.2d 473; People v. Alston, 86 A.D.3d 553, 554, 926 N.Y.S.2d 901; People v. Rodriguez, 67 A.D.3d 596, 597, 889 N.Y.S.2d 176; People v. Adams, 44 A.D.3d 1020, 845 N.Y.S.2d 375; People v. Wragg, 41 A.D.3d 1273, 1274, 838 N.Y.S.2d 755; cf. People v. Stevens, 55 A.D.3d 892, 894, 867 N.Y.S.2d 108).
The defendant's remaining contention is without merit.
DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.