People v. Fuentes

2017 NY Slip Op 1576, 148 A.D.3d 734, 47 N.Y.S.3d 719

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 1, 2017
• Docket: 2016-07045
• Status: Published

Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 2, 2016, 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.

Contrary to the defendant’s contention, the County Court properly designated him a level two sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C). His contention that he was entitled to a downward departure from his presumptive designation as a level two sex offender is unpreserved for appellate review (see People v Gillotti, 23 NY3d 841, 861 n 5 [2014]; People v Johnson, 11 NY3d 416, 421-422 [2008]; People v Gonzalez, 144 AD3d 880 [2016]) and, in any event, is without merit (see People v Uphael, 140 AD3d 1143, 1145 [2016]; People v Sanchez, 138 AD3d 946 [2016]; People v Rodriguez, 136 AD3d 880, 881 [2016]).

Rivera, J.P., Dillon, Chambers and Hinds-Radix, JJ., concur.