Majority
p. 721The People of the State of New York, Respondent, v Steve Charles, Appellant. [55 NYS3d 903]
Appeal by the defendant from an order of the Supreme Court, Queens County (Zayas, J.), dated June 17, 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.
Contrary to the defendant’s contention, the Supreme Court properly denied his request for a downward departure from the presumptive risk level three. The defendant failed to establish that his 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 Garcia,
p. 722
144 AD3d 650 , 651 [2016]; People v Rubi, 132 AD3d 650 [2015]; People v Leshchenko, 127 AD3d 833 [2015]; People v Ciudadreal, 125 AD3d 950 , 951 [2015]). Accordingly, the defendant was not entitled to a downward departure from the presumptive risk level, and he was properly designated a level three sex offender.
Rivera, J.P., Hall, Barros and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Wyatt 89 AD3d 112 at 128 p. 721
- People v. Gillotti 23 NY3d 841 at 861 p. 721
- People v. Garcia 144 AD3d 650 at 651 p. 722