People v Arocho

People v Arocho 2011 NY Slip Op 01581 Decided on March 3, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 3, 2011
Saxe, J.P., Sweeny, Catterson, Freedman, Román, JJ.
4405 99011/07

[*1]The People of the State of New York, Respondent,

v

Tomas Arocho, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Joanne
Legano Ross of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Megan R. Roberts
of counsel), for respondent.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about November 5, 2007, 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's contention that he should receive a downward departure from his presumptive risk level is improperly raised for the first time on appeal (see People v Arps, 65 AD3d 939 [2009]). In any event, we find no basis for such a departure. Defendant's lack of prior sexual offenses or felonies was adequately taken into account by the risk assessment instrument. We have considered and rejected the remaining circumstances
alleged by defendant to be mitigating factors. We also note that defendant's point score was almost enough for a level three adjudication.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 3, 2011

CLERK