People v McClane, 2018 NY Slip Op 01206 [158 AD3d 779]

February 21, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Brian T. McClane, Appellant.

Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.

Timothy Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Barbara Kahn, J.), dated February 22, 2017, 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.

Contrary to the defendant’s contention, the County Court properly designated him a level three sex offender and correctly denied his request for a downward departure ( see Correction Law § 168-n [3]; People v Gillotti , 23 NY3d 841 , 861 [2014]; People v Johnson , 11 NY3d 416 [2008]; People v Wyatt , 89 AD3d 112 , 128 [2011]). Rivera, J.P., Cohen, Hinds-Radix and Brathwaite Nelson, JJ., concur..