People v. Cepeda

2017 NY Slip Op 1897, 148 A.D.3d 942, 48 N.Y.S.3d 612

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 15, 2017
• Docket: 2013-05191
• Status: Published

Opinion

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 [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.