¶1*1083The Supreme Court’s determination to designate the defendant a level two sex offender was supported by clear and convincing evidence (see People v Fisher, 36 AD3d 880 [2007]; People v Inghilleri, 21 AD3d 404 [2005]; People v Guaman, 8 AD3d 545 [2004]). There is no merit to the defendant’s contention that he was entitled to a downward departure from this risk level (see People v Gonzalez, 48 AD3d 284 [2008]; People v Warren, 42 AD3d 593 [2007]; People v Lombard, 30 AD3d 573 [2006]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.
68 A.D.3d 1082
People v. Turner
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009
Appellate Division of the Supreme Court of the State of New York · decided 2009-12-22
Decided 2009-12-22