People v Griffin, 2015 NY Slip Op 08721 [133 AD3d 837]

November 25, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Edward Griffin, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan Dennehy of counsel; Jonah Levine on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings 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 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.P., Dickerson, Miller and Maltese, JJ., concur..