Opinion
2017–03788
06-27-2018
PEOPLE of State of New York, Respondent, v. Hector VASQUEZ, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
JOHN M. LEVENTHAL, J.P. JEFFREY A. COHEN, ROBERT J. MILLER, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the County Court, Suffolk County (Barbara Kahn, J.), dated March 1, 2017, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant appeals from an order, made after a hearing, designating him a level three sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6–C).
Contrary to the defendant's contention, the County Court properly assessed 30 points against him under risk factor 3 and 20 points against him under risk factor 7 of the risk assessment instrument (see People v. Gillotti , 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Johnson , 11 N.Y.3d 416, 872 N.Y.S.2d 379, 900 N.E.2d 930 ; People v. Young , 152 A.D.3d 628, 628, 55 N.Y.S.3d 661 ; People v. Reuter , 140 A.D.3d 1143, 1143, 33 N.Y.S.3d 757). Further, under the circumstances of this case, the court providently exercised its discretion in denying the defendant's application for a downward departure from his presumptive risk level (see People v. Young , 152 A.D.3d at 628, 55 N.Y.S.3d 661; People v. Reuter , 140 A.D.3d at 1143, 33 N.Y.S.3d 757; see also People v. Rossano , 140 A.D.3d 1042, 1043, 35 N.Y.S.3d 364 ).
Accordingly, the County Court properly designated the defendant a level three sex offender.
LEVENTHAL, J.P., COHEN, MILLER and MALTESE, JJ., concur.