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People v. Graham

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 2006
35 A.D.3d 299 (N.Y. App. Div. 2006)

Opinion

No. 9901.

December 21, 2006.

Order, Supreme Court, New York County (Ruth L. Sussman, J.), entered on or about February 28, 2005, which adjudicated defendant a level three sex offender, unanimously affirmed, without costs.

Laura R. Johnson, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Shery Feldman of counsel), for respondent.

Before: Tom, J.P., Marlow, Williams, Gonzalez and Catterson, JJ.


Defendant's argument that the court incorrectly assessed certain risk factor points is academic, because it is undisputed that even without the five points at issue, defendant would still qualify as a level three sex offender. Defendant's argument for a downward departure is unpreserved because he made no such request to the hearing court. In any event, there is no basis in the record for such a departure ( see People v Mabb, 32 AD3d 1135).


Summaries of

People v. Graham

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 2006
35 A.D.3d 299 (N.Y. App. Div. 2006)
Case details for

People v. Graham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE GRAHAM…

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

Date published: Dec 21, 2006

Citations

35 A.D.3d 299 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9719
825 N.Y.S.2d 361

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