Opinion

People v. Brown

  • 91 A.D.3d 989
  • 935 N.Y.2d 909
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 5, 2012
Status
Published
Author
McCarthy
On the bench
McCarthy
Cited by
0 cases
Authority
More cited than 1.2%

The opinion

McCarthy, J.

*990 We affirm. Defendant failed to challenge any of the points assessed on the risk assessment instrument that presumptively classified him as a risk level III offender, did not request a downward departure and his counsel acknowledged that his prior convictions subjected him to a mandatory override. Further, he raised no objection to the proof presented at the hearing, did not offer any evidence and did not testify. In light of defendant’s failure to raise any issue regarding the classification of him as a risk level III sex offender before Supreme Court, defendant’s claim that the court’s order adopting that classification was not adequately supported by findings of fact and conclusions of law is not properly before us (see People v Jordan, 62 AD3d 1176, 1176-1177 [2009], lv denied 16 NY3d 709 [2011]).

Mercure, A.P.J., Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the order is affirmed, without costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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