| People v Ortiz |
| 2024 NY Slip Op 00919 [224 AD3d 855] |
| February 21, 2024 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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.