Opinion
02-01-2017
PEOPLE of State of New York, respondent, v. Herbert SWEAT, appellant.
Thomas N.N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated April 21, 2015, 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 request for a downward departure, which is made for the first time before this Court, is unpreserved for appellate review (see People v. Wallace, 144 A.D.3d 775, 40 N.Y.S.3d 561 ; People v. Uphael, 140 A.D.3d 1143, 1144–1145, 35 N.Y.S.3d 194 ) and, in any event, without merit (see People v. Correa, 127 A.D.3d 610, 8 N.Y.S.3d 287 ).
CHAMBERS, J.P., AUSTIN, HINDS–RADIX and BARROS, JJ., concur.