PEOPLE v. STEPHENS

Memorandum:

On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court erred in failing to determine that he was entitled to a downward departure to a level two risk. Defendant failed to preserve that contention for our review inasmuch as there is no indication in the record that he requested such a departure ( see People v Ratcliff, 53 AD3d 1110, lv denied 11 NY3d 708 ). In any event, we conclude that "defendant failed to present clear and convincing evidence of special circumstances justifying a downward departure" ( People v McDaniel, 27 AD3d 1158, 1159, lv denied 7 NY3d 703; see People v Fredendall, 83 AD3d 1545).