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.
As corrected through Wednesday, April 3, 2024


[*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.