Thomas E. Walsh II, District Attorney, New City, NY (Morgan Czarnik of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Larry J. Schwartz, J.), dated May 15, 2023, 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 was convicted, upon his plea of guilty, of rape in the third degree. After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C), the County Court assessed the defendant 85 points on the risk assessment instrument and designated him a level two sex offender.

Since the defendant did not request a downward departure from his presumptive risk level in the County Court, his contention on appeal regarding a downward departure is unpreserved for appellate review (see People v Jackson, 209 AD3d 881, 882; People v Rodriguez, 194 AD3d 864; People v Gounaris, 192 AD3d 834, 835). In any event, the defendant failed to establish that a downward departure was warranted (see People v Gillotti, 23 NY3d 841, 861; People v Wyatt, 89 AD3d 112, 128).

Accordingly, the County Court properly designated the defendant a level two sex offender.

BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.