| People v Vansteen |
| 2016 NY Slip Op 04191 |
| Decided on June 1, 2016 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 1, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
2015-05064
v
Ryan Vansteen, appellant.
Richard B. Stafford, Bohemia, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 15, 2015, 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.
After a hearing conducted pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the defendant, who was convicted of possessing a sexual performance by a child less than 16 years of age, in violation of Penal Law § 263.16, was properly assessed points based upon the fact that his victims were strangers to him, and based upon the number of victims (see People v Gillotti, 23 NY3d 841, 859; People v Morel-Baca, 127 AD3d 833). Moreover, his application for a downward departure from his presumptive risk level was properly denied (see People v Stewart, 123 AD3d 784; People v Pendelton, 112 AD3d 600, 601).
LEVENTHAL, J.P., CHAMBERS, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER: Aprilanne Agostino Clerk of the Court