People v. Craine

People v Craine (2019 NY Slip Op 06422)

People v Craine

2019 NY Slip Op 06422

Decided on August 28, 2019

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 August 28, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.

2018-09334

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

v

Patrik Craine, appellant.

Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Marion Tang of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Barbara Kahn, J.), dated July 18, 2018, 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.

The defendant failed to prove, by a preponderance of the evidence (see People v Gillotti, 23 NY3d 841; People v Wyatt, 89 AD3d 112), the existence of a mitigating factor warranting a downward departure from the presumptive risk level. Accordingly, we agree with the County Court's determination designating the defendant a level two sex offender.

BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court