Opinion
2011-12-20
PEOPLE of State of New York, respondent, v. Bradley ESTRELLA, appellant.
Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Tiffany L. Henry on the brief), for respondent.
Steven Banks, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Tiffany L. Henry on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Mullen, J.), dated June 14, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that on the Court's own motion, the notice of appeal dated May 14, 2010, is deemed to be a premature notice of appeal from the order dated June 14, 2011 ( see CPLR 5520[c] ); and it is further,
ORDERED that the order dated June 14, 2011, is affirmed, without costs or disbursements.
The defendant's contention that he was entitled to a downward departure from his presumptive level two risk assessment is unpreserved for appellate review ( see People v. Bowles, 89 A.D.3d 171, 932 N.Y.S.2d 112, 116; People v. Spring, 83 A.D.3d 1028, 921 N.Y.S.2d 539; People v. Iorio, 74 A.D.3d 1306, 1307, 903 N.Y.S.2d 270; People v. Williams, 46 A.D.3d 652, 846 N.Y.S.2d 582) and, in any event, without merit ( see People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85; People v. Bowles, 89 A.D.3d at ––––, 932 N.Y.S.2d 112, 116; People v. Spring, 83 A.D.3d at 1028, 921 N.Y.S.2d 539; People v. Iorio, 74 A.D.3d at 1307, 903 N.Y.S.2d 270). Accordingly, the Supreme Court properly designated the defendant a level two sex offender.