People v Ortiz, 2024 NY Slip Op 00919 [224 AD3d 855]
February 21, 2024
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Julio Ortiz, Appellant.
Stephen A. Feldman, Manhasset, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Sarah S. Rabinowitz and Autumn S. Hughes of counsel; Fatima Pasha on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Nassau County (Robert G. Bogle, J.), dated January 12, 2022, which, after a hearing, designated him a level two predicate 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 rape in the first degree (Penal Law § 130.35 [4]). After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C), the Supreme Court assessed the defendant 80 points and designated him a level two predicate sex offender. The defendant appeals.
The defendant was properly designated a predicate sex offender based upon his previous conviction of a sex offense ( see id. § 168-a [2], [7] [c]).
The defendant’s contention that he is entitled to a downward departure based upon purported mitigating factors is unpreserved for appellate review ( see People v Blackman , 218 AD3d 804 , 805 [2023]; People v Jackson , 209 AD3d 881 , 882 [2022]). In any event, the defendant failed to establish his entitlement to a downward departure ( see People v Gillotti , 23 NY3d 841 , 861 [2014]; People v Wyatt , 89 AD3d 112 [2011]).
The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Duffy, J.P., Christopher, Ford and Taylor, JJ., concur..