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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN L. DONALDSON, Appellant.

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 three designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level three sex offender ( see People v Ainoris, 57 AD3d 864; People v Bowens, 55 AD3d 809, 810; People v Windham, 37 AD3d 571, affd 10 NY3d 801; People v Morales, 33 AD3d 982, 983).

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PEOPLE v. DONALDSON
(Oct 13, 2009)