Citation Codes Equivalent Citations citation codes Docket Number No. 2009-00849. Attorney(S) Lynn W. L. Fahey, New York, N.Y. (Katherine A. Levine of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent. Judges Reinaldo E. Rivera Peter B. Skelos Leonard B. Austin See more information ... Smart Summary Please sign up to generate summary. The PEOPLE OF STATE OF NEW YORK, Respondent, v. DAVID PADRO, Appellant. Ordered that the order is affirmed, without costs or disbursements. The defendant failed to demonstrate that certain mitigating factors existed warranting a downward departure from his presumptive risk level two designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level two sex offender ( see People v Lee, 77 AD3d 897, 898; People v Donaldson, 66 AD3d 749, 750; People v Williams, 49 AD3d 518; cf. People v Abdullah, 31 AD3d 515, 516).