Majority
p. 974The People of State of New York, Respondent, v Marshall Rosado, Appellant. [931 NYS2d 526]
The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level two sex offender (see People v Wyatt, 89 AD3d 112 [2011]; People v Livingston, 87 AD3d 628 [2011]; People v Alston, 86 AD3d 553 ; 554 [2011]; People v Rodriguez, 67 AD3d 596 , 597 [2009]; People v Adams, 44 AD3d 1020 [2007]; People v Wragg, 41 AD3d 1273 , 1274 [2007]; cf. People v Stevens, 55 AD3d 892 , 894 [2008]).
The defendant’s remaining contention is without merit. Dillon, J.E, Balkin, Eng and Cohen, JJ., concur.
Cases cited
- People v. Wyatt 89 AD3d 112 p. 974
- People v. Rodriguez 67 AD3d 596 at 597 p. 974
- People v. Wragg 41 AD3d 1273 at 1274 p. 974