People v Sanchez

People v Sanchez 2013 NY Slip Op 00146 Decided on January 15, 2013 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 January 15, 2013
Saxe, J.P., Renwick, Freedman, Román, Gische, JJ.
8992 3864/89

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

v

Stacey Sanchez, etc., Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Caleb
Kruckenberg of counsel), for respondent.

Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about March 2, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Since defendant did not ask the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved (see People v Arps, 65 AD3d 939 [1st Dept 2009]). In any event, we find no basis for such a departure (see generally People v Pettigrew, 14 NY3d 406, 409 [2010]; People v Mingo, 12 NY3d 563, 568 n 2 [2009]). The mitigating factors cited by defendant are outweighed by factors presenting a risk of future
recidivism.

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

ENTERED: JANUARY 15, 2013

CLERK