Citation Codes Equivalent Citations citation codes Docket Number No. 2005-03697. Attorney(S) Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, Phyllis Mintz of counsel), for Judges William F. Mastro Robert J. Miller Thomas A. Dickerson See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE WILLIAMS, 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 Maiello, 32 AD3d 463; People v Guaman, 8 AD3d 545; cf. People v Abdullah, 31 AD3d 515, 516).