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People v. Arps

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2009
65 A.D.3d 939 (N.Y. App. Div. 2009)

Opinion

No. 1037.

September 22, 2009.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered June 11, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (David P. Stromes of counsel), for respondent.

Before: Gonzalez, P.J., Andrias, Catterson, Acosta and Abdus-Salaam, JJ.


While defendant challenges the court's assessment of points under certain risk factors, he concedes that the court properly assessed sufficient points to qualify him as a level two sex offender, but requests a discretionary downward departure. Since defendant made no such application to the hearing court, that claim is unpreserved. In any event, we find no basis for such a departure ( see generally People v Guaman, 8 AD3d 545). We have considered and rejected defendant's remaining arguments.


Summaries of

People v. Arps

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2009
65 A.D.3d 939 (N.Y. App. Div. 2009)
Case details for

People v. Arps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS ARPS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 22, 2009

Citations

65 A.D.3d 939 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6600
885 N.Y.S.2d 201

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