People v. Sweat

Full title: People of State of New York, respondent, v. Herbert Sweat, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 1, 2017

2017 N.Y. Slip Op. 679 (N.Y. App. Div. 2017)

Opinion

2015-08433

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.

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN SYLVIA O. HINDS-RADIX BETSY BARROS, JJ.

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.

DECISION & ORDER

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 AD3d 775; People v Uphael, 140 AD3d 1143, 1144-1145) and, in any event, without merit (see People v Correa, 127 AD3d 610).

CHAMBERS, J.P., AUSTIN, HINDS-RADIX and BARROS, JJ., concur. ENTER:

Aprilanne Agostino Clerk of the Court