PEOPLE v. ESTRELLA

2010-04840

90 A.D.3d 879 (2011)

934 N.Y.S.2d 718

2011 NY Slip Op 9295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRADLEY ESTRELLA, Appellant.

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

Decided December 20, 2011.


Ordered that on the Court's own motion, the notice of appeal dated May 14, 2010, is deemed to be a premature notice of appeal from the order dated June 14, 2011 (see CPLR 5520 [c]); and it is further,

Ordered that the order dated June 14, 2011, is affirmed, without costs or disbursements.

The defendant's contention that he was entitled to a downward departure from his presumptive level two risk assessment is unpreserved for appellate review (see...

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