People v. Arriaza

134 A.D.3d 1080, 21 N.Y.S.3d 635

Opinion

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, 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.