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PEOPLE v. CHARLTON

2010-00181.

79 A.D.3d 936 (2010)

912 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH CHARLTON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 17, 2010.

Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive designation as a risk level two sex offender (see People v Bennis, 77 A.D.3d 896 [2010]; People v Lynk, 74 A.D.3d 929 [2010]; People v Colavito, ...

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