People v. Rodriguez

136 A.D.3d 880, 24 N.Y.S.3d 914

Opinion

— 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 youth ful 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.