People v Estrella

People v Estrella 2011 NY Slip Op 09295 Decided on December 20, 2011 Appellate Division, Second 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 December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
2010-04840

[*1]People of State of New York, respondent,

v

Bradley Estrella, appellant. Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant.




Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Morgan J. Dennehy of counsel; Tiffany L. Henry on the
brief), for respondent.


DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Mullen, J.), dated June 14, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that on the Court's own motion, the notice of appeal dated May 14, 2010, is deemed to be a premature notice of appeal from the order dated June 14, 2011 (see CPLR 5520[c]); and it is further,

ORDERED that the order dated June 14, 2011, is affirmed, without costs or disbursements.

The defendant's contention that he was entitled to a downward departure from his presumptive level two risk assessment is unpreserved for appellate review (see People v Bowles,AD3d,, 2011 NY Slip Op 07826, *5 [2d Dept 2011]; People v Spring, 83 AD3d 1028; People v Iorio, 74 AD3d 1306, 1307; People v Williams, 46 AD3d 652) and, in any event, without merit (see People v Wyatt, 89 AD3d 112; People v Bowles,AD3d at, 2011 NY Slip Op 07826, *5 [2d Dept 2011]; People v Spring, 83 AD3d at 1028; People v Iorio, 74 AD3d at 1307). Accordingly, the Supreme Court properly designated the defendant a level two sex offender.
RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court