People v. Hyams

134 A.D.3d 687, 19 N.Y.S.3d 786

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 2, 2015
• Docket: 2014-10944
• Status: Published

Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated October 22, 2014, 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 sole contention on appeal, that the assessment of points under risk factors 5 and 6 constituted improper double counting, is unpreserved for appellate review (see People v Brown, 131 AD3d 520 [2015]; People v Jones, 101 AD3d 836 [2012]; People v Fredlund, 38 AD3d 636 [2007]) and, in any event, without merit (see People v Brown, 131 AD3d at 521; People v Caban, 61 AD3d 834, 835 [2009]).

Accordingly, the Supreme Court properly designated the defendant as a level two sex offender (see People v Tineo-Morales, 101 AD3d 839 [2012]; People v Wyatt, 89 AD3d 112 [2011]). Dillon, J.P., Chambers, Austin and Sgroi, JJ., concur.