Citation Codes Equivalent Citations citation codes Docket Number No. 2008-08503. Attorney(S) Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for Judges Thomas A. Dickerson See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL J. ATKINSON, Appellant. Ordered that the order is affirmed, without costs or disbursements. There was clear and convincing evidence to support the County Court's determination to designate the defendant a level three sex offender ( see People v Fisher, 36 AD3d 880; People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545). There is no merit to the defendant's contention that he was entitled to a downward departure from this risk level ( see People v Abdullah, 31 AD3d 515; People v Ventura, 24 AD3d 527; People v Dexter, 21 AD3d 403).