PEOPLE v. DONALDSON

Appellate Division of the Supreme Court of New York, Second Department.

Oct 13, 2009

Judgment

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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).