
    The People of the State of New York, Respondent, v Ervin Bowens, Appellant.
    [890 NYS2d 336]
   The defendant failed to show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender (see People v Foy, 49 AD3d 835 [2008]). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender (see People v Bowens, 55 AD3d 809 [2008]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.  