Decided on January 15, 2013
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.
Saxe, J.P., Renwick, Freedman, Roman, Gische, JJ.
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 ; People v Mingo, 12 NY3d 563, 568 n 2 ). 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
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