General

The People of the State of New York, Respondent, v. Herbert Sweat, Appellant

147 A.D.3d 80245 N.Y.S.3d 800·New York Supreme Court, Appellate Division·2017·NY

Chambers, J.P., Austin, Hinds-Radix and Barros, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v Herbert Sweat, Appellant. [45 NYS3d 800] [MAJORITY] Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated April 21, 2015, 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’s request for a downward departure, which is made for the first time before this Court, is unpreserved for appellate review (see People v Wallace, 144 AD3d 775 [2016]; People v Uphael, 140 AD3d 1143, 1144-1145 [2016]) and, in any event, without merit (see People v Correa, 127 AD3d 610 [2015]). Chambers, J.P., Austin, Hinds-Radix and Barros, JJ., concur.