People v. Sam

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 9, 2008, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

The defendant failed to demonstrate by clear and convincing evidence that there existed a mitigating factor of a kind or to a degree not otherwise taken into account by the guidelines (see People v Jacobs, 61 AD3d 835 [2009]; People v Serrano, 61 AD3d 946, 947 [2009]; People v Abdullah, 31 AD3d 515, 516 [2006]). The…