People v. Sweat

Appellate Division of the Supreme Court of New York

People v. Sweat

2017 NY Slip Op 679, 147 A.D.3d 802, 45 N.Y.S.3d 800

Appellate Division of the Supreme Court of the State of New York·Decided February 1, 2017·No. 2015-08433·Published·Cited by 3 cases

Opinion

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.

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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.

People v. Sweat, 2017 NY Slip Op 679, 147 A.D.3d 802, 45 N.Y.S.3d 800 (N.Y. Ct. App. 2017).

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Opinion

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