People of State of New York, respondent, v. Eugene Mazzio, appellant. (2026)

Supreme Court, Appellate Division, Second Department, New York.

People of State of New York, respondent, v. Eugene Mazzio, appellant.

2025–12809

Decided: June 03, 2026

MARK C. DILLON, J.P. LILLIAN WAN LOURDES M. VENTURA SUSAN QUIRK, JJ.

Jeffrey D. Cohen, Kew Gardens, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Dallas S. Droz on the brief), for respondent. Contrary to the defendant's contention, the Supreme Court properly assessed the defendant 20 points on the risk assessment instrument under risk factor 13 for the defendant ‘s unsatisfactory conduct with sexual misconduct while confined (see People v Padgett, 170 AD3d 1054, 1054; People v LeGrand, 152 AD3d 722, 722; People v Lawson, 90 AD3d 1006, 1007).

Submitted—May 11, 2026

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Ira H. Margulis, J.), dated October 17, 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.

Following a hearing pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6–C), the Supreme Court designated the defendant a level three sex offender. The defendant appeals.

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. Aguirre, 217 AD3d 784, 784; People v. Titone, 209 AD3d 888, 889). In any event, the defendant failed to establish that a downward departure was warranted.

DILLON, J.P., WAN, VENTURA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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