Majority
p. 1080The People of the State of New York, Respondent, v Ricardo Arriaza, Appellant. [21 NYS3d 635]
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 25, 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.
The defendant failed to show, by a preponderance of the evidence (see People v Gillotti, 23 NY3d 841 [2014]; People v Wyatt, 89 AD3d 112 [2011]), his entitlement to a downward departure from the presumptive risk level (see People v Pavia,
p. 1081
121 AD3d 960 [2014]; People v Romero, 113 AD3d 605 [2014]). Accordingly, the County Court properly designated him a level two sex offender.
The defendant’s remaining contentions are not properly before this Court. Leventhal, J.P., Chambers, Cohen and Hinds-Radix, JJ., concur.
Cases cited
- People v. Gillotti 23 NY3d 841 p. 1080
- People v. Wyatt 89 AD3d 112 p. 1080