People v. Gonzalez

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2016-11-16
Citations: 2016 NY Slip Op 7631, 144 A.D.3d 880, 40 N.Y.S.3d 784
Copy Citations
1 Citing Case
Combined Opinion

Appeal by the defendant from an order of the Supreme Court, Queens County (Mullings, J.), dated November 26, 2007, 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 appeals from his designation as a level two sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA).

The defendant’s contention that he was entitled to a downward departure from his presumptive designation as a level two sex offender is unpreserved for appellate review (see People v Gillotti, 23 NY3d 841, 861 n 5 [2014]; People v Johnson, 11 NY3d 416, 422 [2008]; People v Rodriguez, 136 AD3d 880, 881 [2016]). In any event, the defendant failed to identify any mitigating factors that were not adequately taken into account by the SORA guidelines (see People v Gillotti, 23 NY3d at 861; People v Uphael, 140 AD3d 1143, 1145 [2016]; People v Sanchez, 138 AD3d 946, 947 [2016]).

Dillon, J.P., Dickerson, Duffy and Connolly, JJ., concur.