Majority
Appeal by the defendant from an order of the Supreme Court, Kings County (Foley, J.), dated January 19, 2012, 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.
Correction Law § 168-n (3) requires a court making a risk level determination pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) to “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based” (Correction Law § 168-n [3]). Here, the Supreme Court failed to adequately set forth its findings of fact and conclusions of law. However, since the record is sufficient for this Court to make its own findings of fact and conclusions of law, remittal is not required (see People v Johnson, 118 AD3d 684 , 684 [2014]; People v Brown, 116 AD3d 1017 , 1017-1018 [2014]).
The Supreme Court properly denied the defendant’s application for a downward departure from his designation as a level two sex offender. The record does not reflect the existence of any special circumstances that would warrant a downward departure (see People v Johnson, 118 AD3d at 685 ; People v Wyatt, 89 AD3d 112 [2011]).
The defendant’s remaining contention is without merit.
Accordingly, the Supreme Court properly designated the defendant a level two sex offender.
Mastro, J.P, Roman, Sgroi and Barros, JJ., concur.
Cases cited
- People v. Johnson 118 AD3d 684 at 684 p. 857
- People v. Brown 116 AD3d 1017 at 1017-1018 p. 857
- People v. Mingo 12 NY3d 563 at 571 p. 858
- People v. Graves 121 AD3d 959 p. 858
- People v. Shkreli 115 AD3d 728 at 728 p. 858
- People v. Quinn 99 AD3d 776 at 777 p. 858
- People v. Ferrer 69 AD3d 513 at 515 p. 858
- People v. Wyatt 89 AD3d 112 p. 858