The People of the State of New York, Respondent, v. Samuel Bravo, Defendant–Appellant. (2011)

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Samuel Bravo, Defendant–Appellant.

4807

Decided: April 14, 2011

Andrias, J.P., Saxe, Catterson, Abdus–Salaam, Manzanet–Daniels, JJ.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about December 11, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

Defendant did not ask the hearing court for a downward departure from his presumptive risk level. Therefore, that claim is unpreserved (see People v. Arps, 65 AD3d 939 [2009] ). In any event, we find no basis for such a departure. Defendant's point score was well above the threshold for a level two offender, and the underlying sex crimes were committed against eight-year-old children. The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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