PEOPLE v. PEARSALL

Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to show, by clear and convincing evidence, that special circumstances existed warranting a downward departure from his presumptive risk level two sex offender designation ( see People v Herron, 59 AD3d 414; People v Ainoris, 57 AD3d 864; People v Pasquarelli, 57 AD3d 753; People v Guaman, 8 AD3d 545; cf. People v Abdullah, 31 AD3d 515, 516).

Accordingly, the County Court, after considering the mitigating factors advanced by the defendant, appropriately determined the defendant to be a level two sex offender and providently exercised its discretion in denying his request for a downward departure.