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The People of the State of New York v. Angel M. Valentin

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 18, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ANGEL M. VALENTIN,
DEFENDANT-APPELLANT.

Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered December 23, 2009.

People v Valentin

Decided on November 18, 2011

Appellate Division, Fourth 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.

PRESENT: SCUDDER, P.J., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.

The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.), defendant's sole contention is that County Court erred in failing to determine that he was entitled to a downward departure to a level one risk. Inasmuch as defendant failed to request such a departure before or during the SORA hearing, however, he failed to preserve that contention for our review (see People v Ratcliff, 53 AD3d 1110, lv denied 11 NY3d 708).

Entered: November 18, 2011

Patricia L. Morgan Clerk of the Court

20111118

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