People v. Aguirre

People v Aguirre (2023 NY Slip Op 03244) People v Aguirre 2023 NY Slip Op 03244 Decided on June 14, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on June 14, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. JOSEPH J. MALTESE LARA J. GENOVESI JANICE A. TAYLOR, JJ. 2022-02590 [*1]The People of the State of New York, respondent, v Jairo Aguirre, appellant. James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, NY (Morgan Czarnik of counsel), for respondent. DECISION & ORDER Appeal by the defendant from an order of the County Court, Rockland County (Kevin F. Russo, J.), dated January 24, 2022, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C. ORDERED that the order is affirmed, without costs or disbursements. In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), the County Court, after a hearing, designated the defendant a level two sex offender. On appeal, the defendant contends that a downward departure from his presumptive risk level is warranted. The defendant's contention that he is entitled to a downward departure based on purported mitigating factors is unpreserved for appellate review because he did not request a downward departure at the SORA hearing (see People v Titone, 209 AD3d 888, 889; People v Jackson, 209 AD3d 881, 882). In any event, the defendant failed to establish that a downward departure is warranted. Accordingly, the County Court properly designated the defendant a level two sex offender. DILLON, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur. ENTER: Maria T. Fasulo Clerk of the Court