People v Cepeda, 2017 NY Slip Op 01897 [148 AD3d 942]
March 15, 2017
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Eddy Cepeda, Appellant.
Seymour W. James, Jr., New York, NY (Adrienne M. Gantt of counsel; Chloe Bootstaylor on the brief), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated April 15, 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’s contention that he was entitled to a downward departure from a level three sex offender status based upon the aggregate of certain factors is unpreserved for appellate review ( see People v Figueroa , 138 AD3d 708 , 709 [2016]; People v Rosales , 133 AD3d 733 , 733 [2015]; People v Fernandez , 91 AD3d 737 , 738 [2012]). In any event, the defendant failed to demonstrate that there existed mitigating circumstances of a kind or to a degree not otherwise adequately taken into account by the guidelines that warranted a downward departure from his presumptive level three sex offender status ( see People v Gillotti , 23 NY3d 841 , 861 [2014]; People v Sanchez , 138 AD3d 946 [2016]; People v Azeez , 138 AD3d 945 [2016]). Accordingly, the Supreme Court properly designated the defendant a level three sex offender. Mastro, J.P., Leventhal, Barros and Brathwaite Nelson, JJ., concur..