PEOPLE, res, v. RAY HILLIMAN, ap
PEOPLE, res, v. RAY HILLIMAN, ap — 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 ), 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 ROMÁN, JJ., concur.