People v. Charlton

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated November 20, 2009, 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 show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive designation as a risk level two sex offender (see People v Bennis, 77 AD3d 896 [2010]; People v Lynk, 74 AD3d 929 [2010]; People v Colavito, 73 AD3d 1004, 1005…