People v Ricks

People v Ricks 2015 NY Slip Op 00105 Decided on January 2, 2015 Appellate Division, Fourth 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 January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, VALENTINO, WHALEN, AND DEJOSEPH, JJ.
1333 KA 13-01064

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

THOMAS C. RICKS, DEFENDANT-APPELLANT.

Appeal from an order of the Erie County Court (Kenneth F. Case, J.), entered April 16, 2013. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

DAVID J. PAJAK, ALDEN, FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Contrary to defendant's contention, County Court did not abuse its discretion in refusing to grant him a downward departure from his presumptive risk level (see People v Johnson, 120 AD3d 1542, 1542, lv denied ___ NY3d ___ [Nov. 24, 2014]; see generally People v Gillotti, 23 NY3d 841, 861, 864). Defendant's further contention that the court erred in designating him a sexually violent offender is not preserved for our review (see § 168-a [7] [b]; see generally People v Young, 108 AD3d 1232, 1232, lv denied 22 NY3d 853, rearg denied 22 NY3d 1036) and, in any event, we conclude that it lacks merit (see People v Ayala, 72 AD3d 1577, 1578, lv denied 15 NY3d 816).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court