Appellate Division of the Supreme Court of the State of New York October 25, 2011 (People v. Rosado)

The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level two sex offender (see People v Wyatt, 89 AD3d 112 [2011]; People v Livingston, 87 AD3d 628 [2011]; People v Alston, 86 AD3d 553; 554 [2011]; People v Rodriguez, 67 AD3d 596, 597 [2009]; People v Adams, 44 AD3d 1020 [2007];