Opinion
1333 KA 13-01064.
01-02-2015
The PEOPLE of the State of New York, Respondent, v. Thomas C. RICKS, Defendant–Appellant.
David J. Pajak, Alden, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido of Counsel), for Respondent.
David J. Pajak, Alden, for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido of Counsel), for Respondent.
PRESENT: CENTRA, J.P., FAHEY, VALENTINO, WHALEN, and DeJOSEPH, JJ.
Opinion
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq. ). Contrary to defendant's contention, County Court did not abuse its discretion in refusing to grant him a downward departure from his presumptive risk level (see People v. Johnson, 120 A.D.3d 1542, 1542, 993 N.Y.S.2d 208, lv. denied 24 N.Y.3d 910, 2014 WL 6609035 [Nov. 24, 2014] ; see generally People v. Gillotti, 23 N.Y.3d 841, 861, 864, 994 N.Y.S.2d 1, 18 N.E.3d 701 ). Defendant's further contention that the court erred in designating him a sexually violent offender is not preserved for our review (see § 168–a [7][b]; see generally People v. Young, 108 A.D.3d 1232, 1232, 969 N.Y.S.2d 372, lv. denied 22 N.Y.3d 853, 2013 WL 5658386, rearg. denied 22 N.Y.3d 1036, 981 N.Y.S.2d 351, 4 N.E.3d 362 ) and, in any event, we conclude that it lacks merit (see People v. Ayala, 72 A.D.3d 1577, 1578, 898 N.Y.S.2d 912, lv. denied 15 N.Y.3d 816, 908 N.Y.S.2d 148, 934 N.E.2d 882 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.