General

The People of the State of New York, Respondent, v. Ricardo Arriaza, Appellant

134 A.D.3d 108021 N.Y.S.3d 635·New York Supreme Court, Appellate Division·2015·NY

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Opinion

The People of the State of New York, Respondent, v Ricardo Arriaza, Appellant. [21 NYS3d 635] [MAJORITY] 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 [2014]; People v Wyatt, 89 AD3d 112 [2011]), his entitlement to a downward departure from the presumptive risk level (see People v Pavia, 121 AD3d 960 [2014]; People v Romero, 113 AD3d 605 [2014]). 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.