People v. Rubi — 132 A.D.3d 650

Majority

p. 650

The People of the State of New York, Respondent, v Marvin Rubi, Appellant.

[17 NYS3d 314]

Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated September 29, 2014, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant’s contention, the Supreme Court properly denied his request for a downward departure from his presumptive designation as a level two sex offender. The defendant failed to establish that his expected deportation was, “as a matter of law, an appropriate mitigating factor” (People v Wyatt, 89 AD3d 112 , 128 [2011]; see People v Gillotti, 23 NY3d 841 , 861 [2014]; People v Leshchenko, 127 AD3d 833 [2015]; People v Ciudadreal, 125 AD3d 950 , 951 [2015]; People v Barrett, 123 AD3d 783 , 784 [2014]; People v Pavia, 121 AD3d 960 [2014]; People v Romero, 113 AD3d 605 [2014]).

Rivera, J.P., Roman, LaSalle and Barros, JJ., concur.

Cases cited

People v. Wyatt 89 AD3d 112 N.Y. App. Div. 2011-10-18 at 128 p. 650
People v. Gillotti 23 NY3d 841 N.Y. 2014-06-10 at 861 p. 650
People v. Barrett 123 AD3d 783 N.Y. App. Div. 2014-12-10 at 784 p. 650