Majority
p. 942The People of the State of New York, Respondent, v Eddy Cepeda, Appellant. [48 NYS3d 612]
Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated April 15, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant’s contention that he was entitled to a downward departure from a level three sex offender status based upon the aggregate of certain factors is unpreserved for appellate review (see People v Figueroa, 138 AD3d 708 , 709
p. 943
[2016]; People v Rosales, 133 AD3d 733 , 733 [2015]; People v Fernandez, 91 AD3d 737 , 738 [2012]). In any event, the defendant failed to demonstrate that there existed mitigating circumstances of a kind or to a degree not otherwise adequately taken into account by the guidelines that warranted a downward departure from his presumptive level three sex offender status (see People v Gillotti, 23 NY3d 841 , 861 [2014]; People v Sanchez, 138 AD3d 946 [2016]; People v Azeez, 138 AD3d 945 [2016]). Accordingly, the Supreme Court properly designated the defendant a level three sex offender.
Mastro, J.P., Lev-enthal, Barros and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Gillotti 23 NY3d 841 at 861 p. 943
- People v. Sanchez 138 AD3d 946 p. 943