Majority
p. 843The People of the State of New York, Respondent, v Clifford Mack, Appellant. [31 NYS3d 897]
Appeal by the defendant from an order of the Supreme Court, Kings County (Garnett, J.), dated April 10, 2013, 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 Supreme Court providently exercised its discretion in determining that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level three sex offender (see People v Gillotti, 23 NY3d 841 , 861 [2014]; People v Gordon, 133 AD3d 835 , 836-837 [2015]; People v Wyatt, 89 AD3d 112 [2011]; People v Wragg, 41 AD3d 1273 , 1274 [2007]).
Mastro, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Gillotti 23 NY3d 841 at 861 p. 843
- People v. Gordon 133 AD3d 835 at 836-837 p. 843
- People v. Wyatt 89 AD3d 112 p. 843
- People v. Wragg 41 AD3d 1273 at 1274 p. 843