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PEOPLE v. ARPS

65 A.D.3d 939 (2009)

885 N.Y.S.2d 201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS ARPS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 22, 2009.

While defendant challenges the court's assessment of points under certain risk factors, he concedes that the court properly assessed sufficient points to qualify him as a level two sex offender, but requests a discretionary downward departure. Since defendant made no such application to the hearing court, that claim is unpreserved. In any event, we find no basis for such a departure (see generally People v Guaman,

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