Opinion
2014-08819.
12-30-2015
PEOPLE of State of New York, respondent, v. Ricardo ARRIAZA, appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 25, 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.
The defendant failed to show, by a preponderance of the evidence (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85), his entitlement to a downward departure from the presumptive risk level (see People v. Pavia, 121 A.D.3d 960, 993 N.Y.S.2d 782; People v. Romero, 113 A.D.3d 605, 977 N.Y.S.2d 900). Accordingly, the County Court properly designated him a level two sex offender.
The defendant's remaining contentions are not properly before this Court.
LEVENTHAL, J.P., CHAMBERS, COHEN and HINDS–RADIX, JJ., concur.