People v Hernandez

People v Hernandez 2007 NY Slip Op 08102 [44 AD3d 565] October 30, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

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

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), and Milbank, Tweed, Hadley & McCloy LLP, New York City (Jed Schwartz of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Marissa K. Gould of counsel), for respondent.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about April 27, 2006, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (SORA) (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant's present arguments that the departure was based on factors adequately accounted for in the risk assessment instrument, or not constituting a proper basis for an upward departure, are improperly raised for the first time on appeal (CPLR 4017, 5501 [a] [3]; Correction Law § 168-n [3] [SORA appeals governed by applicable CPLR provisions]; People v Cassano, 34 AD3d 239 [2006], lv denied 8 NY3d 804 [2007]). Concur—Lippman, P.J., Andrias, Williams, Buckley and Kavanagh, JJ.