People v. Arriaza
This text of 134 A.D.3d 1080 (People v. Arriaza) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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, *1081 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.
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Cite This Page — Counsel Stack
134 A.D.3d 1080, 21 N.Y.S.3d 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arriaza-nyappdiv-2015.