PEOPLE v. VALENCIA (2024)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Larry J. Schwartz, J.), dated May 15, 2023, 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 was convicted, upon his plea of guilty, of rape in the third degree.  After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the County Court assessed the defendant 85 points on the risk assessment instrument and designated him a level two sex offender.

Since the defendant did not request a downward departure from his presumptive risk level in the County Court, his contention on appeal regarding a downward departure is unpreserved for appellate review (see People v. Jackson, 209 AD3d 881, 882;  People v. Rodriguez, 194 AD3d 864;  People v. Gounaris, 192 AD3d 834, 835).  In any event, the defendant failed to establish that a downward departure was warranted (see People v. Gillotti, 23 NY3d 841, 861;  People v. Wyatt, 89 AD3d 112, 128).

Accordingly, the County Court properly designated the defendant a level two sex offender.

BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.