People v Mack, 2016 NY Slip Op 04396 [140 AD3d 843]

June 8, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Clifford Mack, Appellant.

Seymour W. James, Jr., New York, NY (Kerry Elgarten of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.

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..