People v Arps

2009 NY Slip Op 06600 [65 AD3d 939]

September 22, 2009

Appellate Division, First Department

As corrected through Wednesday, November 4, 2009

The People of the State of New York, Respondent, v JuliusArps, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (David P. Stromes of counsel), forrespondent.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered June 11, 2008,which adjudicated defendant a level two sex offender pursuant to the Sex Offender RegistrationAct (Correction Law art 6-C), unanimously affirmed, without costs.

While defendant challenges the court's assessment of points under certain risk factors, heconcedes that the court properly assessed sufficient points to qualify him as a level two sexoffender, but requests a discretionary downward departure. Since defendant made no suchapplication to the hearing court, that claim is unpreserved. In any event, we find no basis forsuch a departure (see generally People vGuaman, 8 AD3d 545 [2004]). We have considered and rejected defendant's remainingarguments. Concur—Gonzalez, P.J., Andrias, Catterson, Acosta and Abdus-Salaam, JJ.