PEOPLE v. AGUIRRE (2023)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Kevin F. Russo, J.), dated January 24, 2022, 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.

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6–C;  hereinafter SORA), the County Court, after a hearing, designated the defendant a level two sex offender.  On appeal, the defendant contends that a downward departure from his presumptive risk level is warranted.

The defendant's contention that he is entitled to a downward departure based on purported mitigating factors is unpreserved for appellate review because he did not request a downward departure at the SORA hearing (see People v. Titone, 209 A.D.3d 888, 889, 176 N.Y.S.3d 296;  People v. Jackson, 209 A.D.3d 881, 882, 176 N.Y.S.3d 328).  In any event, the defendant failed to establish that a downward departure is warranted.

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

DILLON, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur.