People v. Morel-Baca

Appeal by the defendant from an order of the County Court, Westchester County (Cacace, J.), entered May 16, 2013, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender. Ordered that the order is affirmed, without costs or disbursements. Contrary to the defendant’s contention, he was properly assessed points under risk factor 7 based upon his conviction of possession of child pornography (see People v Gillotti, 23 NY3d *834 841 [2014]; People v Johnson, 11 NY3d 416 [2008]). In addition, the County Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him a level two sex offender (see People v Wyatt, 89 AD3d 112 [2011]; People v Mondo, 88 AD3d 676 [2011]; People v Padro, 84 AD3d 1046 [2011]). Skelos, J.P., Austin, Sgroi and LaSalle, JJ., concur.