STATE v. FISHER

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

Jan 30, 2007

Judgment

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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, and thus it will not be disturbed on appeal (see People v Inghilleri, 21 AD3d 404; People v Guaman, 8 AD3d 545; People v Brown, 7 AD3d 595). 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).

The defendant's remaining contention is unpreserved for appellate review.