People v Rodriguez, 2021 NY Slip Op 03071 [194 AD3d 864]
May 12, 2021
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Ismael Rodriguez, Appellant.
Janet E. Sabel, New York, NY (Adrienne M. Gantt of counsel; Spence Jones on the brief), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Roni C. Piplani of counsel; Eleanor Reilly on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Stephanie Zaro, J.), dated June 24, 2013, 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 was convicted, upon his plea of guilty, of sexual abuse in the first degree. Following a hearing to determine the defendant’s risk level under the Sex Offender Registration Act (Correction Law art 6-C), the Supreme Court assessed a total of 115 points under the risk assessment instrument ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 3-4 [2006]) and designated the defendant a level three sex offender.
Since the defendant did not request a downward departure from his presumptive risk level in the Supreme Court, his contentions on appeal regarding a downward departure are unpreserved for appellate review ( see People v Eason , 192 AD3d 925 [2d Dept 2021]; People v Yglesias , 180 AD3d 821 , 822-823 [2020]). In any event, the defendant failed to establish that a downward departure was warranted ( see People v Gillotti , 23 NY3d 841 , 861 [2014]; People v Wyatt , 89 AD3d 112 , 128 [2011]).
Accordingly, the Supreme Court properly designated the defendant a level three sex offender. Dillon, J.P., Austin, Barros, Brathwaite Nelson and Christopher, JJ., concur..