SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MARK R. HOLT, DEFENDANT-APPELLANT.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered March 12, 2010.
People v Holt
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.
Decided on December 30, 2011
PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, 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: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant failed to preserve for our review his contention that he was entitled to a downward departure from his presumptive risk level (see People v Clark, 66 AD3d 1366, lv denied 13 NY3d 713; People v Ratcliff, 53 AD3d 1110, lv denied 11 NY3d 708). In any event, that contention lacks merit "inasmuch as defendant failed to present clear and convincing evidence of special circumstances justifying a downward departure" (People v McDaniel, 27 AD3d 1158, 1159, lv denied 7 NY3d 703).
Entered: December 30, 2011
Frances E. Cafarell Clerk of the Court
© 1992-2012 VersusLaw Inc.