Opinion
No. 1037.
September 22, 2009.
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.
Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (David P. Stromes of counsel), for respondent.
Before: Gonzalez, P.J., Andrias, Catterson, Acosta and Abdus-Salaam, JJ.
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). We have considered and rejected defendant's remaining arguments.