Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. David M. Baker, Appellant
138 A.D.3d 81428 N.Y.S.3d 333·New York Supreme Court, Appellate Division·2016·NY
Chambers, J.P., Cohen, Duffy and Connolly, JJ., concur.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v David M. Baker, Appellant.
[28 NYS3d 333]
[MAJORITY]
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 16, 2014, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant contends that the aggravating factor which the People identified as a basis for an upward departure should have been treated as part of his criminal history on the Risk Assessment Instrument, thereby warranting his designation as a level two sex offender rather than an upward departure to a risk level three. However, since the defendant did not raise this claim at the risk assessment hearing, his present contention is unpreserved for appellate review (see People v Charache, 9 NY3d 829 [2007]; People v DeDona, 102 AD3d 58, 63 [2012]; People v Hammonds, 27 AD3d 441 [2006]), and, in any event, the contention is without merit.
Chambers, J.P., Cohen, Duffy and Connolly, JJ., concur.