People v. Augustine

Appellate Division of the Supreme Court of New York

People v. Augustine

136 A.D.3d 678, 23 N.Y.S.3d 911

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 2016

Docket2013-05135

StatusPublished

This text of 136 A.D.3d 678 (People v. Augustine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Augustine, 136 A.D.3d 678, 23 N.Y.S.3d 911 (N.Y. Ct. App. 2016).

Pincite

Opinion

— Appeal by the defendant from an order of the Supreme Court, Kings County (Mondo, J.), dated May 16, 2013, 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.

The defendant’s contention that he was improperly assessed points under risk factors 9 and 10 based upon his prior youthful offender adjudication, in violation of CPL 720.35 (2), is unpreserved for appellate review and, in any event, without merit (see People v Francis, 137 AD3d 91 [2d Dept 2016]).

Accordingly, the defendant was properly designated a level two sex offender pursuant to Correction Law article 6-C.

Dillon, J.P., Leventhal, Cohen and Maltese, JJ., concur.

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