People v. Deline

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated October 14, 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.

At a hearing conducted pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the defendant requested that the Supreme Court downwardly depart from his presumptive risk level two designation. In that respect, the defendant demonstrated, by a preponderance of the evidence, a…