The People of the State of New York, Respondent, v. Vinnie Quinones, Appellant

The People of the State of New York, Respondent, v Vinnie Quinones, Appellant. [28 NYS3d 899] [MAJORITY] Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 24, 2013, 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. A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account” by the Sex Offender Registration Act guidelines (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Wyatt, 89 AD3d 112, 119 [2011]; People v Bussie, 83 AD3d 920, 920-921 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure, and accordingly, properly designated him a level two sex offender (see People v Wood, 112 AD3d 602 [2013]; People v Wyatt, 89 AD3d at 131; People v Mondo, 88 AD3d 676 [2011]; People v Padro, 84 AD3d 1046 [2011]). Balkin, J.P., Sgroi, Duffy and Connolly, JJ., concur.