PEOPLE v. SINGLETON (2009)

Defendant appeals from a judgment convicting him following a jury trial of failing to register as a sex offender, a class D felony inasmuch as it is his second conviction of this offense (Correction Law § 168-f [3]; § 168-t). Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). By failing to object to County Court's ultimate Sandoval ruling, defendant failed to preserve for our review his contention that the ruling constitutes an abuse of discretion (see People v. Hawkes, 39 A.D.3d 1209, 1211, 834 N.Y.S.2d 415, lv denied 9 N.Y.3d 844, 845, 840 N.Y.S.2d 771, 872 N.E.2d 884; People v. O'Connor, 19 A.D.3d 1154, 795 N.Y.S.2d 917, lv denied 5 N.Y.3d 831, 804 N.Y.S.2d 46, 837 N.E.2d 745). In any event, “the proof of defendant's guilt is overwhelming, and there is no significant probability that the jury would have acquitted defendant had it not been for [the alleged] error. Thus, [the alleged] error is harmless” (People v. Arnold, 298 A.D.2d 895, 896, 748 N.Y.S.2d 92, lv denied 99 N.Y.2d 580, 755 N.Y.S.2d 715, 785 N.E.2d 737; see generally People v. Crimmins, 36 N.Y.2d 230, 241-242, 367 N.Y.S.2d 213, 326 N.E.2d 787). The sentence is not unduly harsh or severe.

Defendant failed to preserve for our review the contentions in his pro se supplemental brief with respect to his adjudication as a level three sex offender, the allegedly improper admission in evidence of his certificate of conviction establishing his prior failure to register, and the timeliness of his arraignment (see CPL 470.05[2] ), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ). We have reviewed the remaining contentions of defendant in his pro se supplemental brief and conclude that they are without merit.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: