Opinion
No. 570845/15.
10-13-2016
The PEOPLE of the State of New York, Respondent, v. David GONZALEZ, Defendant–Appellant.
Order (Erika M. Edwards, J.), entered December 17, 2014, affirmed.
Since defendant did not ask the SORA court for a downward departure from his presumptive risk level, that claim is unpreserved (see People v. Gillotti, 23 NY3d 841, 861 n 5 [2014] ; People v.. Sanchez, 102 AD3d 479 [2013], lv denied 21 NY3d 852 [2013] ). In any event, there is no basis in the record for such a departure, particularly in light of the seriousness of the underlying offenses committed against three individuals, one of whom was a fourteen year-old girl, and defendant's recent postrelease arrest and indictment on sexual abuse charges (see People v. Callaghan, 56 AD3d 363 [2008], lv denied 12 NY3d 702 [2009] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur