People v Rodriguez
2016 NY Slip Op 01162 [136 AD3d 880]
February 17, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 23, 2016


[*1]
 The People of the State of New York, Respondent,
v
Edwin Rodriguez, Appellant.

Lynn W.L. Fahey, New York, NY (Jenin Younes of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Cyrulnik, J.), dated February 1, 2013, 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 contention that he was improperly assessed points under risk factors 9 and 10 based upon his prior youthful offender adjudication, in violation of CPL 720.35 (2), is unpreserved for appellate review and, in any event, without merit (see People v Francis, 137 AD3d 91 [2d Dept 2016]).

The defendant's contention that he was entitled to a downward departure from his presumptive level three risk assessment is unpreserved for appellate review (see People v Estrella, 90 AD3d 879 [2011]; People v Bowles, 89 AD3d 171 [2011]) and, in any event, without merit (see People v Gillotti, 23 NY3d 841 [2014]; People v Wyatt, 89 AD3d 112 [2011]).

The defendant was not deprived of the effective assistance of counsel (see People v Ortiz, 114 AD3d 740 [2014]; People v Bowles, 89 AD3d 171 [2011]). Dillon, J.P., Leventhal, Sgroi and Hinds-Radix, JJ., concur.