People v. Reuter

140 A.D.3d 1143, 33 N.Y.S.3d 757, 2016 NY Slip Op 05134, 2016 N.Y. App. Div. LEXIS 4988

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 29, 2016
• Docket: 2015-07225
• Status: Published

Opinion

— Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 24, 2015, 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.

Contrary to the defendant’s contention, the County Court properly assessed 30 points under risk factor 3 (number of victims) and 20 points under risk factor 7 (relationship with victim) based upon his conviction, in Wyoming, of possession of child pornography (see People v Gillotti, 23 NY3d 841 [2014]; People v Johnson, 11 NY3d 416 [2008]; People v Hamilton, 139 AD3d 928 [2016]; People v Granzeier, 137 AD3d 989 [2016]; People v Wooten, 136 AD3d 1305 [2016]). In addition, the County Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him a level three sex offender (see People v Rukasov, 132 AD3d 748, 749 [2015]; People v Morel-Baca, 127 AD3d 833, 834 [2015]; People v Wyatt, 89 AD3d 112 [2011]).

Eng, P.J., Roman, LaSalle and Barros, JJ., concur.