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People v. Arps

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


September 22, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JULIUS ARPS, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered June 11, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

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.

Gonzalez, P.J., Andrias, Catterson, Acosta, Abdus-Salaam, JJ.

30040/08

While defendant challenges the court's assessment of points under certain risk factors, he concedes that the court properly assessed sufficient points to qualify him as a level two sex offender, but requests a discretionary downward departure. Since defendant made no such application to the hearing court, that claim is unpreserved. In any event, we find no basis for such a departure (see generally People v Guaman, 8 AD3d 545 [2004]). We have considered and rejected defendant's remaining arguments.

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

20090922

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