People v Charles, 2017 NY Slip Op 05757 [152 AD3d 721]

July 19, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Steve Charles, Appellant.

Seymour W. James, Jr., New York, NY (Ronald Alfano of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan K. Yi of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Queens County (Zayas, J.), dated June 17, 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.

Contrary to the defendant’s contention, the Supreme Court properly denied his request for a downward departure from the presumptive risk level three. The defendant failed to establish that his deportation was, “as a matter of law, an appropriate mitigating factor” ( People v Wyatt , 89 AD3d 112 , 128 [2011]; see People v Gillotti , 23 NY3d 841 , 861 [2014]; People v Garcia , 144 AD3d 650 , 651 [2016]; People v Rubi , 132 AD3d 650 [2015]; People v Leshchenko , 127 AD3d 833 [2015]; People v Ciudadreal , 125 AD3d 950 , 951 [2015]). Accordingly, the defendant was not entitled to a downward departure from the presumptive risk level, and he was properly designated a level three sex offender. Rivera, J.P., Hall, Barros and Brathwaite Nelson, JJ., concur..