People v. Jara

2017 NY Slip Op 4153, 150 A.D.3d 1159, 52 N.Y.S.3d 663

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 24, 2017
• Docket: 2016-02754
• Status: Published

Opinion

Appeal by the defendant from an order of the Supreme Court, Richmond County (Mattei, J.), dated February. 11, 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 Supreme Court properly denied his application for a downward departure from his presumptive risk level. The defendant’s contention that his expected deportation constituted a mitigating factor warranting a downward departure is unpreserved for appellate review, since the defendant did not raise that ground at the hearing (see People v Destio, 145 AD3d 1047, 1048 [2016]; People v Figueroa, 138 AD3d 708, 709 [2016]). In any event, this contention is without merit (see People v Rubi, 132 AD3d 650, 650 [2015]; People v Pavia, 121 AD3d 960, 960 [2014]; People v Kachatov, 106 AD3d 973, 973 [2013]). The mitigating factors that the defendant identified and properly preserved for appellate review either were adequately taken into account by the Sex Offender Registration Act Guidelines or did not warrant a downward departure from the presumptive risk level (see People v Rose, 146 AD3d 911, 912 [2017]; People v Uphael, 140 AD3d 1143, 1145 [2016]; People v Ibarra, 137 AD3d 1097, 1098 [2016]).

Leventhal, J.R, Hinds-Radix, LaSalle and Brathwaite Nelson, JJ., concur.