Opinion
02-21-2024
PEOPLE of State of New York, respondent, v. Julio ORTIZ, appellant.
Stephen A. Feldman, Manhasset, NY, for appellant. Anne T. Donnelly, District Attorney, Mineola, NY (Sarah S. Rabinowitz, and Autumn S. Hughes of counsel;, Fatima Pasha on the brief), for respondent.
Stephen A. Feldman, Manhasset, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Sarah S. Rabinowitz, and Autumn S. Hughes of counsel;, Fatima Pasha on the brief), for respondent.
COLLEEN D. DUFFY, J.P., LINDA CHRISTOPHER, WILLIAM G. FORD, JANICE A. TAYLOR, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Nassau County (Robert G. Bogle, J.), dated January 12, 2022, which, after a hearing, designated him a level two predicate sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant was convicted, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35[4]). After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the Supreme Court assessed the defendant 80 points and designated him a level two predicate sex offender. The defendant appeals.
The defendant was properly designated a predicate sex offender based upon his previous conviction of a sex offense (see id. § 168–a[2], [7][c]).
The defendant’s contention that he is entitled to a downward departure based upon purported mitigating factors is unpreserved for appellate review (see People v. Blackman, 218 A.D.3d 804; 805, 194 N.Y.S.3d 50; People v. Jackson, 209 A.D.3d 881, 882, 176 N.Y.S.3d 328). In any event, the defendant failed to establish his entitlement to a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85).
The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit.
DUFFY, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.