People v. Morel-Baca

Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Steven A. Bender of counsel), for respondent.

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 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Johnson, 11 N.Y.3d 416, 872 N.Y.S.2d 379, 900 N.E.2d 930 ). 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 A.D.3d 112, 931 N.Y.S.2d 85 ; People v.

Mondo, 88 A.D.3d 676, 930 N.Y.S.2d 482 ; People v. Padro, 84 A.D.3d 1046, 922 N.Y.S.2d 808 ).

SKELOS, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.