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People v. Beyah

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2010
76 A.D.3d 917 (N.Y. App. Div. 2010)

Opinion

No. 3266.

September 28, 2010.

Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

Before: Gonzalez, P.J., Andrias, Acosta, Renwick and Abdus-Salaam, JJ.


Since defendant made no application to the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved ( see People v Arps, 65 AD3d 939). In any event, we find no basis for such a departure. The fact that defendant, whose point score was well above the threshold for a level three offender, was 61 years old at the time of the adjudication did not warrant a downward departure, given his serious and violent criminal history, his unsatisfactory prison record, and his parole violations ( see People v Harrison, 74 AD3d 688).


Summaries of

People v. Beyah

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2010
76 A.D.3d 917 (N.Y. App. Div. 2010)
Case details for

People v. Beyah

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDUL BEYAH, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 28, 2010

Citations

76 A.D.3d 917 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6711
907 N.Y.S.2d 675

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