Majority
p. 734The People of State of New York, Respondent, v Anibal Fuentes, Appellant. [47 NYS3d 719]
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 2, 2016, 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 County Court properly designated him a level two sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C).
p. 735
His contention that he was entitled to a downward departure from his presumptive designation as a level two sex offender is unpreserved for appellate review (see People v Gillotti, 23 NY3d 841 , 861 n 5 [2014]; People v Johnson, 11 NY3d 416 , 421-422 [2008]; People v Gonzalez, 144 AD3d 880 [2016]) and, in any event, is without merit (see People v Uphael, 140 AD3d 1143 , 1145 [2016]; People v Sanchez, 138 AD3d 946 [2016]; People v Rodriguez, 136 AD3d 880 , 881 [2016]).
Rivera, J.P., Dillon, Chambers and Hinds-Radix, JJ., concur.
Cases cited
- People v. Gillotti 23 NY3d 841 at 861 p. 735
- People v. Johnson 11 NY3d 416 at 421-422 p. 735
- People v. Sanchez 138 AD3d 946 p. 735