Opinion
6331 Ind. 11722/95
04-19-2018
The PEOPLE of the State of New York, Respondent, v. Ramon FABIAN–LOPEZ, Defendant–Appellant.
The Legal Aid Society, New York (Seymour W. James, Jr., of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
The Legal Aid Society, New York (Seymour W. James, Jr., of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, Singh, JJ.
Order, Supreme Court, New York County (Cassandra A. Mullen, J.), entered on or about July 29, 2012, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court properly assessed defendant 10 points under the risk factor for a living and employment situation that rendered him more difficult for law enforcement authorities to locate (see People v. Alemany, 13 N.Y.3d 424, 430, 893 N.Y.S.2d 448, 921 N.E.2d 140 [2009] ). The court also properly assessed points under the risk factor for the recency of a prior offense regarding a felony conviction that occurred less than three years before the present offense, even though the prior crime itself occurred earlier (see People v. Pinckney, 129 A.D.3d 1048, 1048, 11 N.Y.S.3d 676 [2015], lv denied 26 N.Y.3d 908, 18 N.Y.S.3d 599, 40 N.E.3d 577 [2015] ).
Since defendant did not ask the hearing court for a downward departure, that claim is unpreserved. In any event, we find no basis for a departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ).
We have considered and rejected the People's argument that defendant's deportation renders his request for relief academic, and defendant's argument that his deportation is a mitigating factor.