THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. NATHANIEL WRIGHT DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NATHANIEL WRIGHT, DEFENDANT–APPELLANT.

KA 16–01690

Decided: February 02, 2018

PRESENT: SMITH, J.P., CENTRA, CARNI, DEJOSEPH, AND WINSLOW, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (KIMBERLY F. DUGUAY OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant failed to request a downward departure, and he thus failed to preserve for our review his contention that Supreme Court erred in failing to afford him that downward departure from his presumptive level three risk (see People v. Williams, 122 AD3d 1378, 1379 [4th Dept 2014] ). In any event, we conclude that the facts herein do not warrant a downward departure (see People v. McCall, 148 AD3d 1769, 1769 [4th Dept 2017], lv denied 29 NY3d 914 [2017] ).

Mark W. Bennett

Clerk of the Court

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