| People v Williams |
| 2014 NY Slip Op 08157 [122 AD3d 1378] |
| November 21, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vEugene A. Williams, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., of counsel),for defendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from an order of the Erie County Court (Kenneth F. Case, J.), entered May30, 2013. The order determined that defendant is a level two risk pursuant to the SexOffender Registration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed withoutcosts.
Memorandum: On appeal from an order determining that he is a level two riskpursuant to the Sex Offender Registration Act ([SORA] Correction Law§ 168 et seq.), defendant contends that the determination should bemodified downward in the interest of justice so as to make him a level one risk. Insupport of that contention, defendant notes that County Court assessed 30 points againsthim under risk factor 9 (number and nature of prior crimes) based on an attemptedrobbery offense for which he was adjudicated a youthful offender. Without those 30points, defendant would have been a presumptive level one risk. To the extent thatdefendant contends that the SORA court should have granted him a downward departure,that contention is unpreserved for our review "because defendant never asked the SORAcourt to order a downward departure" (People v Gillotti, 23 NY3d 841, 861 n 5 [2014]; see People v Johnson, 11NY3d 416, 421-422 [2008]; People v Quinones, 91 AD3d 1302, 1303 [2012], lvdenied 19 NY3d 802 [2012]). In any event, as defendant correctly acknowledges, itis well settled that "youthful offender adjudications are to be treated as 'crimes' forpurposes of assessing the defendant's likelihood of re-offending and danger to publicsafety" (People v Moore, 1AD3d 421, 421 [2003], lv denied 2 NY3d 743 [2004]; see SexOffender Registration Act: Risk Assessment Guidelines and Commentary at 6, 13[2006]; People v Wilkins,77 AD3d 588, 588 [2010], lv denied 16 NY3d 703 [2011]; People v Irving, 45 AD3d1389, 1389-1390, lv denied 10 NY3d 703 [2008]). Present—Scudder,P.J., Fahey, Carni, Lindley and Valentino, JJ.