PEOPLE v. BEYAH

Since defendant made no application to the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved ( see People v Arps, 65 AD3d 939). In any event, we find no basis for such a departure. The fact that defendant, whose point score was well above the threshold for a level three offender, was 61 years old at the time of the adjudication did not warrant a downward departure, given his serious and violent criminal history, his unsatisfactory prison record, and his parole violations ( see People v Harrison, 74 AD3d 688).