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PEOPLE v. WILLIAMS
Appellate Division of the Supreme Court of New York, Second Department.
Dec 11, 2007
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Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's determination to designate him a level three sex offender is supported by clear and convincing evidence, and thus, should not be disturbed ( see Correction Law ยง 168-n; People v Morris, 33 AD3d 778; People v Robert I., 33 AD3d 777).
The defendant's remaining contention, that he is entitled to a downward departure is unpreserved for appellate review ( see People v Graham, 35 AD3d 299) and, in any event, is without merit.
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