People v. West

196 A.D.3d 657

148 N.Y.S.3d 386 (Mem)

PEOPLE of State of New York, respondent,

v.Louis K. WEST III, appellant.

2019–08472

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

Submitted—June 23, 2021

July 21, 2021

Salvatore C. Adamo, New York, NY, for appellant.

Robert V. Tendy, District Attorney, Carmel, N.Y. (Nicholas LaStella of counsel), for respondent.

WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, COLLEEN D. DUFFY, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Putnam County (James T. Rooney, J.), dated April 18, 2019, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

In 2013, the defendant pleaded guilty to attempted criminal sexual act in the first degree (see People v. West, 123 A.D.3d 850, 996 N.Y.S.2d 534 ). Prior to the defendant's release from prison, a hearing was held pursuant to the Sex Offender Registration Act (Correction Law art 6–C) to determine the defendant's risk level. The County Court designated the defendant a level two sex offender. The defendant appeals.

Contrary to the defendant's contention, he was properly assessed 25 points under risk factor 2 for sexual contact with the victim (see People v. Jewell, 119 A.D.3d 1446, 1447–1448, 989 N.Y.S.2d 766 ).

The defendant's remaining contention is without merit.

MASTRO, J.P., CHAMBERS, MILLER, DUFFY and WOOTEN, JJ., concur.