People v. Vansteen

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 15, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C. Ordered that the order is affirmed, without costs or disbursements. After a hearing conducted pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the defendant, who was convicted of possessing a sexual performance by a child less than 16 years of age, in violation of Penal Law § 263.16, was properly assessed points based upon the fact that his victims were strangers to him, and based upon the number of victims (see People v Gillotti, 23 NY3d 841, 859 [2014]; People v Morel-Baca, 127 AD3d 833 [2015]). Moreover, his application for a downward departure from his presumptive risk level was properly denied (see People v Stewart, 123 AD3d 784 [2014]; People v Pendleton, 112 AD3d 600, 601 [2013]). Leventhal, J.P, Chambers, Hinds-Radix and Connolly, JJ., concur.