People v. Arriaza , 21 N.Y.S.3d 635 ( 2015 )

People v Arriaza (2015 NY Slip Op 09660)

People v Arriaza

2015 NY Slip Op 09660

Decided on December 30, 2015

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.

2014-08819

[*1]People of State of New York, respondent,

v

Ricardo Arriaza, appellant.

Robert C. Mitchell, Riverhead, NY (James H. Miller of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Brennan of counsel), for respondent.

DECISION & ORDER

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 NY3d 841; People v Wyatt, 89 AD3d 112), his entitlement to a downward departure from the presumptive risk level (see People v Pavia, 121 AD3d 960; People v Romero, 113 AD3d 605). 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.

ENTER:

Aprilanne Agostino

Clerk of the Court