# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · January 5, 2012 · 91 A.D.3d 989

URL: https://www.frixlaw.com/law-library/cases/5841998

## Case

- **Full name:** The People of the State of New York v. Corey P. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 5, 2012
- **Citations:** 91 A.D.3d 989; 935 N.Y.2d 909
- **Precedential status:** Published
- **Opinion:** Opinion of the court by McCarthy
- **Judges:** McCarthy
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5841998

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5841998. Public record. Not legal advice.