Opinion
06-29-2016
PEOPLE of State of New York, respondent, v. Kyle R. REUTER, appellant.
Robert C. Mitchell, Riverhead, NY (Kirk R. Brandt of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.
Robert C. Mitchell, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 24, 2015, which, after a hearing, designated him a level three 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 County Court properly assessed 30 points under risk factor 3 (number of victims) and 20 points under risk factor 7 (relationship with victim) based upon his conviction, in Wyoming, of possession of child pornography (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Johnson, 11 N.Y.3d 416, 872 N.Y.S.2d 379, 900 N.E.2d 930 ; People v. Hamilton, 139 A.D.3d 928, 30 N.Y.S.3d 572 ; People v. Granzeier, 137 A.D.3d 989, 26 N.Y.S.3d 708 ; People v. Wooten, 136 A.D.3d 1305, 24 N.Y.S.3d 550 ). In addition, the County Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him a level three sex offender (see People v. Rukasov, 132 A.D.3d 748, 749, 17 N.Y.S.3d 772 ; People v. Morel–Baca, 127 A.D.3d 833, 834, 4 N.Y.S.3d 893 ; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85 ).
ENG, P.J., ROMAN, LaSALLE and BARROS, JJ., concur.