PEOPLE v. GARRETT (2025)

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Ira H. Margulis, J.), dated May 16, 2024, 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.

After a hearing conducted pursuant to the Sex Offender Registration Act (Correction Law art 6–C;  hereinafter SORA), the Supreme Court assessed the defendant 80 points, rendering him a presumptive level two sex offender, and designated the defendant a level two sex offender.

The defendant's contention that he is entitled to a downward departure to a risk level one designation based upon purported mitigating factors is unpreserved for appellate review, as he failed to request a downward departure at the SORA hearing (see People v. Franco, ––– A.D.3d ––––, 224 N.Y.S.3d 541, 2025 N.Y. Slip Op. 00119;  People v. Pomavilla–Loja, 230 A.D.3d 1359, 1359, 217 N.Y.S.3d 246;  People v. Valencia, 225 A.D.3d 637, 637, 206 N.Y.S.3d 181).  In any event, the defendant failed to establish that a downward departure is warranted (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701).

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

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.