| People v Beyah |
| 2010 NY Slip Op 06711 [76 AD3d 917] |
| September 28, 2010 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v AbdulBeyah, Also Known as Donald Williams, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), forrespondent.
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9,2009, which adjudicated defendant a level three sex offender under the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Since defendant made no application to the hearing court for a downward departure from hispresumptive risk level, that claim is unpreserved (see People v Arps, 65 AD3d 939 [2009]). In any event, we find nobasis for such a departure. The fact that defendant, whose point score was well above thethreshold for a level three offender, was 61 years old at the time of the adjudication did notwarrant a downward departure, given his serious and violent criminal history, his unsatisfactoryprison record, and his parole violations (see People v Harrison, 74 AD3d 688 [2010]).Concur—Gonzalez, P.J., Andrias, Acosta, Renwick and Abdus-Salaam, JJ.