Opinion
2013-01529.
02-17-2016
PEOPLE of State of New York, respondent, v. Edwin RODRIGUEZ, appellant.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Kings County (Cyrulnik, J.), dated February 1, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant's contention that he was improperly assessed points under risk factors 9 and 10 based upon his prior youthful offender adjudication, in violation of CPL 720.35(2), is unpreserved for appellate review and, in any event, without merit (see People v. Francis, ––– A.D.3d ––––, –––N.Y.S.3d ––––, 2016 N.Y. Slip Op. 00488, 2016 WL 313393 2d Dept.2016 ).
The defendant's contention that he was entitled to a downward departure from his presumptive level three risk assessment is unpreserved for appellate review (see People v. Estrella, 90 A.D.3d 879, 934 N.Y.S.2d 718; People v. Bowles, 89 A.D.3d 171, 932 N.Y.S.2d 112) and, in any event, without merit (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85).
The defendant was not deprived of the effective assistance of counsel (see People v. Ortiz, 114 A.D.3d 740, 980 N.Y.S.2d 269; People v. Bowles, 89 A.D.3d 171, 932 N.Y.S.2d 112).
DILLON, J.P., LEVENTHAL, SGROI and HINDS–RADIX, JJ., concur.