PEOPLE v. STEPHENS

KA 10-01787.

86 A.D.3d 931 (2011)

926 N.Y.S.2d 338

2011 NY Slip Op 5770

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC STEPHENS, Appellant.

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

Decided July 1, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court erred in failing to determine that he was entitled to a downward departure to a level two risk. Defendant failed to preserve that contention for our review inasmuch as there...

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