Opinion
2016–04885
06-20-2018
PEOPLE of State of New York, respondent, v. Dwayne WEBB, also known as Latif Lamar, appellant.
Del Atwell, East Hampton, NY, for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger and Carrie A. Ciganek of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger and Carrie A. Ciganek of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeal by the defendant from an order of the County Court, Rockland County (David S. Zuckerman, J.), dated March 14, 2016, 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's contention that he was entitled to a downward departure from his presumptive risk level is unpreserved for appellate review (see People v. Cepeda, 148 A.D.3d 942, 942–943, 48 N.Y.S.3d 612 ; People v. Figueroa, 138 A.D.3d 708, 709, 27 N.Y.S.3d 885 ). In any event, the defendant failed to demonstrate that there existed mitigating circumstances of a kind or to a degree not otherwise adequately taken into account by the Sex Offender Registration Act (hereinafter SORA) Guidelines that warranted a downward departure from his presumptive risk level (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Sanchez, 138 A.D.3d 946, 28 N.Y.S.3d 621 ; People v. Azeez, 138 A.D.3d 945, 28 N.Y.S.3d 617 ; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] ). The defendant's contention that his designation as a level three sex offender violated due process is without merit (see People v. Warren, 152 A.D.3d 551, 54 N.Y.S.3d 871). The defendant was not deprived of the effective assistance of counsel at the SORA proceeding (see People v. Bowles, 89 A.D.3d 171, 179–180, 932 N.Y.S.2d 112 ).
SCHEINKMAN, P.J., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.