People v Hilliman

People v Hilliman 2013 NY Slip Op 00318 Decided on January 23, 2013 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 January 23, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2011-02064

[*1]People of State of New York, respondent,

v

Ray Hilliman, appellant.




Steven Banks, New York, N.Y. (Arthur H. Hopkirk of counsel), for
appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Nicoletta J. Caferri, and
Ellen C. Abbot of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated January 18, 2011, 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 request for a downward departure from a presumptive risk level two designation to a level one designation pursuant to the Sex Offender Registration Act (see Correction Law article 6-C; hereinafter SORA). Although the defendant identified a mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the SORA Risk Assessment Guidelines and Commentary (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 9 [2006]), he failed to establish the facts in support of that mitigating factor by a preponderance of the evidence (see People v Wyatt, 89 AD3d 112, 128-129; People v Bowden, 88 AD3d 972, 973).
RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court