Opinion
03-15-2017
PEOPLE of State of New York, respondent, v. Eddy CEPEDA, appellant.
Seymour W. James, Jr., New York, N.Y. (Adrienne M. Gantt of counsel; Chloe Bootstaylor on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Lorrie A. Zinno on the brief), for respondent.
Seymour W. James, Jr., New York, N.Y. (Adrienne M. Gantt of counsel; Chloe Bootstaylor on the brief), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated April 15, 2013, 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.
The defendant's contention that he was entitled to a downward departure from a level three sex offender status based upon the aggregate of certain factors is unpreserved for appellate review (see People v. Figueroa, 138 A.D.3d 708, 709, 27 N.Y.S.3d 885 ; People v. Rosales, 133 A.D.3d 733, 733, 19 N.Y.S.3d 176 ; People v. Fernandez, 91 A.D.3d 737, 738, 936 N.Y.S.2d 556 ). In any event, the defendant failed to demonstrate that there existed mitigating circumstances of a kind or to a degree not otherwise adequately taken into account by the guidelines that warranted a downward departure from his presumptive level three sex offender status (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Sanchez, 138 A.D.3d 946, 28 N.Y.S.3d 621 ; People v. Azeez, 138 A.D.3d 945, 28 N.Y.S.3d 617 ). Accordingly, the Supreme Court properly designated the defendant a level three sex offender.
MASTRO, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.