General

The People of the State of New York, Respondent, v. Rahmel Walker, Appellant

125 A.D.3d 8321 N.Y.S.3d 834·New York Supreme Court, Appellate Division·2015·NY

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Opinion

The People of the State of New York, Respondent, v Rahmel Walker, Appellant. [1 NYS3d 834] [MAJORITY] Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 28, 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. There was clear and convincing evidence to support the County Court’s determination to designate the defendant a level three sex offender (see People v Fisher, 36 AD3d 880 [2007]; People v Inghilleri, 21 AD3d 404 [2005]; People v Guarnan, 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 Gillotti, 23 NY3d 841, 861 [2014]; People v Wyatt, 89 AD3d 112, 121 [2011]). Leventhal, J.P., Hall, Austin and Sgroi, JJ., concur.