Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Tiffany L. Henry on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Mullen, J.), dated June 14, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that on the Court's own motion, the notice of appeal dated May 14, 2010, is deemed to be a premature notice of appeal from the order dated June 14, 2011 ( see CPLR 5520[c] ); and it is further,
ORDERED that the order dated June 14, 2011, is affirmed, without costs or disbursements.
The defendant's contention that he was entitled to a downward departure from his presumptive level two risk assessment is unpreserved for appellate review ( see People v. Bowles, 89 A.D.3d 171, 932 N.Y.S.2d 112, 116; People v. Spring, 83 A.D.3d 1028, 921 N.Y.S.2d 539; People v. Iorio, 74 A.D.3d 1306, 1307, 903 N.Y.S.2d 270; People v. Williams, 46 A.D.3d 652, 846 N.Y.S.2d 582) and, in any event, without merit ( see People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85; People v. Bowles, 89 A.D.3d at ––––, 932 N.Y.S.2d 112, 116; People v. Spring, 83 A.D.3d at 1028, 921 N.Y.S.2d 539; People v. Iorio, 74 A.D.3d at 1307, 903 N.Y.S.2d 270). Accordingly, the Supreme Court properly designated the defendant a level two sex offender.
RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.