Opinion
10-07-2015
PEOPLE of State of New York, respondent, v. Marvin RUBI, appellant.
Seymour W. James, Jr., New York, N.Y. (Michael C. Taglieri of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Amanda Regan on the brief), for respondent.
Seymour W. James, Jr., New York, N.Y. (Michael C. Taglieri of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Amanda Regan on the brief), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated September 29, 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.
Contrary to the defendant's contention, the Supreme Court properly denied his request for a downward departure from his presumptive designation as a level two sex offender. The defendant failed to establish that his expected deportation was, “as a matter of law, an appropriate mitigating factor” (People v. Wyatt, 89 A.D.3d 112, 128, 931 N.Y.S.2d 85 ; see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1 ; People v. Leshchenko, 127 A.D.3d 833, 4 N.Y.S.3d 903 ; People v. Ciudadreal, 125 A.D.3d 950, 951, 1 N.Y.S.3d 858 ; People v.
Barrett, 123 A.D.3d 783, 784, 996 N.Y.S.2d 547 ; 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 ).
RIVERA, J.P., ROMAN, LaSALLE and BARROS, JJ., concur.