PEOPLE v. GARCIA

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

There was clear and convincing evidence presented at the hearing to support the designation of the defendant as a level three sex offender ( see Correction Law § 168-n; People v Niola, 50 AD3d 991; People v Galligan, 41 AD3d 683; People v Wright, 37 AD3d 797). There is no merit to the defendant's assertion that he was improperly assessed certain points on the risk assessment instrument, or that he was entitled to a downward departure from the presumptive risk level three designation ( see People v Arciola, 54 AD3d 741; People v Pardo, 50 AD3d 992; People v Foy, 49 AD3d 835; People v Lombard, 30 AD3d 573)