PEOPLE v. LOPEZ (2026)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Djinsad Desir, J.), dated December 3, 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, upon his plea of guilty, of course of sexual conduct against a child in the first degree (Penal Law § 130.75[1][a] ) and sentenced to a determinate term of imprisonment of 17 years, to be followed by a 10–year period of postrelease supervision.  After a hearing conducted pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6–C), the County Court assessed the defendant a total of 75 points on the risk assessment instrument, presumptively placing him within the range for a level two designation, and designated him a level two sex offender.

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 Heskey, 220 AD3d 955, 956;  People v Morris, 219 AD3d 847, 847).  In any event, the defendant failed to establish that a downward departure is warranted (see People v Pareja–Hidalgo, 222 AD3d 892, 894;  People v Saunders, 209 AD3d 776, 778).

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

IANNACCI, J.P., FORD, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur.