People v. Arias

119 A.D.3d 665, 988 N.Y.S.2d 894

Opinion

Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated July 24, 2013, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Wyatt, 89 AD3d 112, 119 [2011]; People v Bussie, 83 AD3d 920, 920-921 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him a level three sex offender (see People v Wood, 112 AD3d 602 [2013]; People v Wyatt, 89 AD3d at 131; People v Bussie, 83 AD3d at 921).

Skelos, J.E, Chambers, Duffy and LaSalle, JJ., concur.