PEOPLE v. CANTRELL (2007)

 Although defendant's notice of appeal predates the order from which defendant purports to appeal, we exercise our discretion to treat the notice of appeal as valid and deem the appeal as taken from the order (see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, 529 N.Y.S.2d 658;  see also CPLR 5520[c] ).  We reject the contention of defendant that County Court erred in determining that he is a level two risk under the Sex Offender Registration Act (Correction Law § 168 et seq.).   The sworn statement of the victim provided clear and convincing evidence to justify the imposition of points on the risk assessment instrument for the use of forcible compulsion and a continuing course of sexual misconduct (see § 168-n[3];  People v. Wroten, 286 A.D.2d 189, 199, 732 N.Y.S.2d 513, lv. denied 97 N.Y.2d 610, 740 N.Y.S.2d 694, 767 N.E.2d 151;  see generally People v. Dort, 18 A.D.3d 23, 792 N.Y.S.2d 236, lv. denied 4 N.Y.3d 885, 798 N.Y.S.2d 730, 831 N.E.2d 975).   Additionally, because the notice of appeal limits the scope of the appeal and does not encompass the contention of defendant that the court erred in denying his request for expert witness fees, we do not address that contention (see People v. Popson, 262 A.D.2d 989, 694 N.Y.S.2d 541, lv. denied 93 N.Y.2d 1025, 697 N.Y.S.2d 584, 719 N.E.2d 945;  People v. Wallace, 246 A.D.2d 676, 666 N.Y.S.2d 961, lv. denied 91 N.Y.2d 945, 671 N.Y.S.2d 726, 694 N.E.2d 895).

We have considered defendant's remaining contention and conclude that it is without merit.

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

MEMORANDUM: