People v. Sanchez

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2016-03-16
Citations: 137 A.D.3d 989, 26 N.Y.S.3d 712
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Combined Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 10, 2014, 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.

Contrary to the defendant’s contention, the County Court providently exercised its discretion in denying his request for a downward departure from his presumptive risk level, as he failed to satisfy the threshold condition of identifying an appropriate mitigating factor which is of a kind, or to a degree, that is otherwise not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and *990 Commentary (see People v Gillotti, 23 NY3d 841, 861 [2014]; People v Boykin, 102 AD3d 937 [2013]).

Chambers, J.P., Austin, Sgroi and Duffy, JJ., concur.