People v Pamperien
2025 NY Slip Op 06964 [45 NY3d 942]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, May 13, 2025
The People of the State of New York, Respondent,
v
Gary Pamperien, Appellant.
Decided December 16, 2025
PROCEDURAL SUMMARY
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered October 16, 2024. The Appellate Division affirmed an order of the Suffolk County Court (Karen M. Wilutis, J.), which, after a hearing, had designated defendant a level two sexually violent offender pursuant to Correction Law article 6-C.
People v Pamperien, 231 AD3d 976, affirmed.
HEADNOTES
Crimes — Sex Offenders — Sex Offender Registration Act
The order of the Appellate Division, which had affirmed the County Court order classifying defendant's sex offender risk level as risk level two, was affirmed. The record supported the points assessed, and defendant's argument that he should have been granted a downward departure did not warrant reversal.
{**45 NY3d 943}APPEARANCES OF COUNSEL
Laurette D. Mulry, Legal Aid Society of Suffolk County, Inc., Riverhead (Genevieve M. Cahill of counsel), for appellant.
Raymond A. Tierney, District Attorney, Riverhead (Kim Marie Carson of counsel), for respondent.
OPINION OF THE COURT
M
The order of the Appellate Division should be affirmed, without costs.
Defendant's challenge to his designation as a sexually violent offender is moot because, after we granted leave, County Court removed that designation.
Defendant's challenges to his risk level classification, to the extent preserved, are meritless. The record supports the points assessed, and defendant's argument that he should have been granted a downward departure does not warrant reversal.
Chief Judge
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR), order affirmed, without costs, in a memorandum.