Majority
p. 833The People of the State of New York, Respondent, v Leonardo Morel-Baca, Appellant. [4 NYS3d 893]
Appeal by the defendant from an order of the County Court, Westchester County (Cacace, J.), entered May 16, 2013, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant’s contention, he was properly assessed points under risk factor 7 based upon his conviction of possession of child pornography (see People v Gillotti, 23 NY3d
p. 834
841 [2014]; People v Johnson, 11 NY3d 416 [2008]). In addition, the County Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him a level two sex offender (see People v Wyatt, 89 AD3d 112 [2011]; People v Mondo, 88 AD3d 676 [2011]; People v Padro, 84 AD3d 1046 [2011]).
Skelos, J.P., Austin, Sgroi and LaSalle, JJ., concur.
Cases cited
- People v. Johnson 11 NY3d 416 p. 834
- People v. Wyatt 89 AD3d 112 p. 834