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People v. Arriaza

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 30, 2015
134 A.D.3d 1080 (N.Y. App. Div. 2015)

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.


Summaries of

People v. Arriaza

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 30, 2015
134 A.D.3d 1080 (N.Y. App. Div. 2015)
Case details for

People v. Arriaza

Case Details

Full title:People of State of New York, respondent, v. Ricardo Arriaza, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 30, 2015

Citations

134 A.D.3d 1080 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 9660
21 N.Y.S.3d 635