People v Beyah

People v Beyah 2010 NY Slip Op 06711 [76 AD3d 917] September 28, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 27, 2010

The People of the State of New York, Respondent,
v
Abdul Beyah, Also Known as Donald Williams, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

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 Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Since defendant made no application to the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved (see People v Arps, 65 AD3d 939 [2009]). In any event, we find no basis for such a departure. The fact that defendant, whose point score was well above the threshold for a level three offender, was 61 years old at the time of the adjudication did not warrant a downward departure, given his serious and violent criminal history, his unsatisfactory prison record, and his parole violations (see People v Harrison, 74 AD3d 688 [2010]). Concur—Gonzalez, P.J., Andrias, Acosta, Renwick and Abdus-Salaam, JJ.