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PEOPLE v. BRAVO

4807, 7072/02.

83 A.D.3d 518 (2011)

920 N.Y.S.2d 658

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL BRAVO, Appellant.

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

Decided April 14, 2011.

Defendant did not ask the hearing court for a downward departure from his presumptive risk level. Therefore, 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. Defendant's point score was well above the threshold for a level two offender, and the underlying sex crimes were committed against eight-year-old children. The mitigating factors asserted by defendant...

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