Opinion
17633 Ind. No. 2251/02 Case No. 2016–1886
04-04-2023
The PEOPLE of the State of New York, Respondent, v. Freddie JACKSON, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Faith DiTrolio of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Faith DiTrolio of counsel), for respondent.
Webber, J.P., Oing, Gesmer, Mendez, Shulman, JJ.
Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about March 22, 2016, 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.
The court correctly assessed points under the risk factor for unsatisfactory conduct while confined, based on a pattern of misconduct that included a recent tier III violation and six tier II violations (see People v. Sanchez, 209 A.D.3d 414, 174 N.Y.S.3d 587 [1st Dept. 2022], lv denied 39 N.Y.3d 906, 2023 WL 138930 [2023] ). In any event, regardless of whether defendant's correct point score is 85 points, as found by the court, or 75 points, as he contends, he remains a level two offender.
Because defendant did not specifically request a downward departure, his contention that he should have received such a departure is unpreserved (see People v. Gillotti, 23 N.Y.3d 841, 861 n. 5, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ), and we decline to address this fact-based argument, made for the first time on appeal. In any event, we find no basis for a departure.