Majority
p. 879The People of the State of New York, Respondent, v Bradley Estrella, Appellant. [934 NYS2d 718]
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.E, Balkin, Eng and Austin, JJ., concur.
Cases cited
- People v. Bowles 89 AD3d 171 at 180 p. 879
- People v. Iorio 74 AD3d 1306 at 1307 p. 879
- People v. Wyatt 89 AD3d 112 p. 879