Opinion
03-01-2017
PEOPLE of State of New York, respondent, v. Anibal FUENTES, appellant.
Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Thomas Constant of counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Thomas Constant of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 2, 2016, 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 properly designated him a level two sex offender pursuant to the Sex Offender Registration Act (see Correction Law art. 6–C). His 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 N.Y.3d 841, 861 n. 5, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Johnson, 11 N.Y.3d 416, 421–422, 872 N.Y.S.2d 379, 900 N.E.2d 930 ; People v. Gonzalez, 144 A.D.3d 880,40 N.Y.S.3d 784) and, in any event, is without merit (see People v. Uphael, 140 A.D.3d 1143, 1145, 35 N.Y.S.3d 194 ; People v. Sanchez, 138 A.D.3d 946, 28 N.Y.S.3d 621 ; People v. Rodriguez, 136 A.D.3d 880, 881, 24 N.Y.S.3d 914 ).
RIVERA, J.P., DILLON, CHAMBERS and HINDS–RADIX, JJ., concur.