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PEOPLE v. BEYAH

3265, 2184/07

76 A.D.3d 917 (2010)

907 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Abdul BEYAH, Also Known as Donald Williams, Appellant.

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

Decided September 28, 2010.

Since defendant made no application to the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved (see People v Arps, 65 A.D.3d 939 [2009]). In any event, we find no basis for such a departure. The fact that defendant, whose point score was well above the threshold for a level three offender, was 61 years old at the time of the adjudication did not warrant a downward departure, given...

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