Opinion
08-02-2017
PEOPLE of State of New York, respondent, v. Arlin RUIZ, appellant.
Seymour W. James, Jr., New York, NY (Elizabeth J. Isaacs of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.
Seymour W. James, Jr., New York, NY (Elizabeth J. Isaacs of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Mattei, J.), dated May 15, 2015, 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.
Contrary to the defendant's contention, the Supreme Court properly denied his application for a downward departure from his presumptive risk level. The mitigating factors that the defendant identified either were adequately taken into account by the Sex Offender Registration Act Guidelines or did not warrant a downward departure from the presumptive risk level (see People v. Kaff, 149 A.D.3d 783, 51 N.Y.S.3d 170 ; People v. Rose, 146 A.D.3d 911, 912, 44 N.Y.S.3d 763 ; People v. Ibarra, 137 A.D.3d 1097, 1098, 26 N.Y.S.3d 867 ).
LEVENTHAL, J.P., HALL, HINDS–RADIX and MALTESE, JJ., concur.