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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS ARPS, Appellant.

While defendant challenges the court's assessment of points under certain risk factors, he concedes that the court properly assessed sufficient points to qualify him as a level two sex offender, but requests a discretionary downward departure. Since defendant made no such application to the hearing court, that claim is unpreserved. In any event, we find no basis for such a departure ( see generally People v Guaman, 8 AD3d 545). We have considered and rejected defendant's remaining arguments.

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PEOPLE v. ARPS
(Sep 22, 2009)