People v Arriaza, 2015 NY Slip Op 09660 [134 AD3d 1080]

December 30, 2015

Appellate Division, Second Department

[*1]

The People of the 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.

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..