People of State of New York, respondent, v. Daniel Morrison, appellant. (2026)

Submitted—March 16, 2026

DECISION & ORDER

M/

Appeal by the defendant from an order of the County Court, Rockland County (Kevin F. Russo, J.), dated May 19, 2025, 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.

The defendant was convicted, after a jury trial, inter alia, of sexual abuse in the first degree (Penal Law § 130.65[1] ) and two counts of murder in the second degree (id. § 125.25[1], [3] ).  After a hearing conducted pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6–C), the County Court applied an automatic override to a presumptive risk level three designation and designated the defendant a level three sex offender.  The defendant appeals.

The defendant's contention that a downward departure from his presumptive risk level is warranted based on purported mitigating factors is unpreserved for appellate review, since he did not request a downward departure at the SORA hearing (see People v. Franco, 234 AD3d 723, 724;  People v. Pomavilla–Loja, 230 AD3d 1359, 1359).  In any event, the defendant failed to establish that a downward departure is warranted (see People v. Gillotti, 23 NY3d 841, 861;  People v. Godek, 237 AD3d 761, 762–763).

GENOVESI, J.P., FORD, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court