PEOPLE v. AROCHO

4405, 99011/07.

82 A.D.3d 429 (2011)

917 N.Y.S.2d 859

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMAS AROCHO, Appellant.

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

Decided March 3, 2011.


Defendant's contention that he should receive a downward departure from his presumptive risk level is improperly raised for the first time on appeal (see People v Arps, 65 A.D.3d 939 [2009]). In any event, we find no basis for such a departure. Defendant's lack of prior sexual offenses or felonies was adequately taken into account by the risk assessment instrument. We have considered...

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