| People v Sweat |
| 2017 NY Slip Op 00679 [147 AD3d 802] |
| February 1, 2017 |
| 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 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.
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 [2016]; People v Uphael, 140 AD3d 1143, 1144-1145 [2016]) and, in any event, without merit (see People v Correa, 127 AD3d 610 [2015]). Chambers, J.P., Austin, Hinds-Radix and Barros, JJ., concur.