People v. Gonzalez

2016 NY Slip Op 7631, 144 A.D.3d 880, 40 N.Y.S.3d 784

Opinion

Appeal by the defendant from an order of the Supreme Court, Queens County (Mullings, J.), dated November 26, 2007, 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 appeals from his designation as a level two sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA).

The defendant’s 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, 422 [2008]; People v Rodriguez, 136 AD3d 880, 881 [2016]). In any event, the defendant failed to identify any mitigating factors that were not adequately taken into account by the SORA guidelines (see People v Gillotti, 23 NY3d at 861; People v Uphael, 140 AD3d 1143, 1145 [2016]; People v Sanchez, 138 AD3d 946, 947 [2016]).

Dillon, J.P., Dickerson, Duffy and Connolly, JJ., concur.