People v. Griffin — 133 A.D.3d 837

Majority

p. 837

The People of the State of New York, Respondent, v Edward Griffin, Appellant.

[19 NYS3d 432]

Appeal by the defendant from an order of the Supreme Court, Kangs County (Dwyer, J.), dated September 18, 2014, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The People sustained their burden of demonstrating, by clear and convincing evidence, that the defendant properly received a level three classification pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) under the circumstances of this case (see Correction Law § 168-n [3]; People v Mingo, 12 NY3d 563 , 571 [2009]; People v Bright, 63 AD3d 1133 , 1134 [2009]). Contrary to the defendant’s contention, the Supreme Court properly denied his

p. 838

request for a downward departure to a level two classification, as the defendant failed to identify and establish the existence of a mitigating factor which was not adequately taken into account by the SORA Guidelines and which would warrant a downward departure in the exercise of the court’s discretion (see People v Gillotti, 23 NY3d 841 , 861 [2014]; People v Sooknanan, 119 AD3d 540 [2014]; People v Harris, 93 AD3d 704 , 705-706 [2012]; People v Wyatt, 89 AD3d 112 , 128 [2011]). Mastro, J.R, Dickerson, Miller and Maltese, JJ., concur.

Cases cited

People v. Mingo 12 NY3d 563 N.Y. 2009-06-09 at 571 p. 837
People v. Bright 63 AD3d 1133 N.Y. App. Div. 2009-06-30 at 1134 p. 837
People v. Gillotti 23 NY3d 841 N.Y. 2014-06-10 at 861 p. 838
People v. Harris 93 AD3d 704 N.Y. App. Div. 2012-03-13 at 705-706 p. 838
People v. Wyatt 89 AD3d 112 N.Y. App. Div. 2011-10-18 at 128 p. 838