People v Lopez

Holding The appellate court affirmed the defendant’s designation as a level two sex offender, finding that his argument for a downward departure was unpreserved because he did not request it at the hearing. Additionally, the court determined that the defendant failed to establish that a downward departure was warranted based on the risk assessment points.

The court’s words

The defendant's contention that a downward departure from his presumptive risk level is warranted based on purported mitigating factors is unpreserved for appellate review

2026 NY Slip Op 06336, at the official text

In any event, the defendant failed to establish that a downward departure is warranted

2026 NY Slip Op 06336, at the official text