Opinion
2013-01-15
The PEOPLE of the State of New York, Respondent, v. Stacey SANCHEZ, etc., Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about March 2, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
Since defendant did not ask the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved ( see People v. Arps, 65 A.D.3d 939, 885 N.Y.S.2d 201 [1st Dept. 2009] ). In any event, we find no basis for such a departure ( see generally People v. Pettigrew, 14 N.Y.3d 406, 409, 901 N.Y.S.2d 569, 927 N.E.2d 1053 [2010];People v. Mingo, 12 N.Y.3d 563, 568 n. 2, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009] ). The mitigating factors cited by defendant *890are outweighed by factors presenting a risk of future recidivism.