People v. Saraceni

153 A.D.3d 1561

60 N.Y.S.3d 870 (Mem)

The PEOPLE of the State Of New York, Respondent,

v.Joseph A. SARACENI, Jr., Defendant–Appellant. (Appeal No. 2.).

Supreme Court, Appellate Division, Fourth Department, New York.

Sept. 29, 2017.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Benjamin L. Nelson of Counsel), for Defendant–Appellant.

Lawrence Friedman, District Attorney, Batavia (Shirley A. Gorman of Counsel), for Respondent.

MEMORANDUM:

On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ( [SORA] Correction Law § 168 et seq. ), defendant contends that County Court erred in assessing points under risk factors one and four of the risk assessment instrument. Defendant's contentions are not preserved for our review (see People v. Gillotti, 23 N.Y.3d 841, 854, 994 N.Y.S.2d 1, 18 N.E.3d 701 ; People v. Wilson, 117 A.D.3d 1557, 1558, 985 N.Y.S.2d 384, lv. denied 24 N.Y.3d 902, 2014 WL 4357550 ; People v. Law, 94 A.D.3d 1561, 1562, 943 N.Y.S.2d 814, lv. denied 19 N.Y.3d 809, 2012 WL 3743354 ), however, because at the SORA hearing he only contested the points assessed under risk factor 12.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.