PEOPLE v. ARPS

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.