PEOPLE v. MELTER (2026)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Djinsad Desir, J.), entered September 26, 2025, 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 of criminal sexual act in the first degree based on an act committed against a four-year-old child.  Prior to the defendant's release from prison, in an order entered September 26, 2025, the County Court, after a hearing, designated him a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C).  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 the defendant did not request a downward departure at the hearing (see People v Gillotti, 23 N.Y.3d 841, 861 n 5, 994 N.Y.S.2d 1, 18 N.E.3d 701;  People v Morrison, 248 A.D.3d 1289, 253 N.Y.S.3d 765).  In any event, a downward departure is not warranted, as the purported mitigating factors either were adequately taken into account by the defendant's risk factor score, or do not reduce his dangerousness or risk of reoffense (see People v Gillotti, 23 N.Y.3d at 861, 994 N.Y.S.2d 1, 18 N.E.3d 701;  People v Corinaldi, 248 A.D.3d 1064, 1065, 256 N.Y.S.3d 610;  People v Lopez–Moranchel, 247 A.D.3d 1072, 1073, 254 N.Y.S.3d 562;  People v Moran, 244 A.D.3d 1250, 1253, 248 N.Y.S.3d 649;  People v Guevara, 240 A.D.3d 622, 623, 237 N.Y.S.3d 693).

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

LASALLE, P.J., FORD, WAN and QUIRK, JJ., concur.