People v Estrella |
2011 NY Slip Op 09295 [90 AD3d 879] |
December 20, 2011 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Bradley Estrella, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Tiffany L. Henry on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Mullen, J.), dated June 14, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that on the Court's own motion, the notice of appeal dated May 14, 2010, is deemed to be a premature notice of appeal from the order dated June 14, 2011 (see CPLR 5520 [c]); and it is further,
Ordered that the order dated June 14, 2011, is affirmed, without costs or disbursements.
The defendant's contention that he was entitled to a downward departure from his presumptive level two risk assessment is unpreserved for appellate review (see People v Bowles, 89 AD3d 171, 180 [2011]; People v Spring, 83 AD3d 1028 [2011]; People v Iorio, 74 AD3d 1306, 1307 [2010]; People v Williams, 46 AD3d 652 [2007]) and, in any event, without merit (see People v Wyatt, 89 AD3d 112; People v Bowles, 89 AD3d at 180; People v Spring, 83 AD3d at 1028; People v Iorio, 74 AD3d at 1307). Accordingly, the Supreme Court properly designated the defendant a level two sex offender. Rivera, J.P., Balkin, Eng and Austin, JJ., concur.