THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MICHAEL COVELLO DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL COVELLO, DEFENDANT-APPELLANT.

258 Decided: July 24, 2026

PRESENT: MONTOUR, J.P., OGDEN, GREENWOOD, NOWAK, AND HANNAH, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (CLEA WEISS OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from an order adjudicating him a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.).

Even assuming, arguendo, that County Court violated defendant's due process rights when it denied his request for an adjournment to prepare a defense to the People's request to assess additional points that were not recommended on the risk assessment instrument (see generally People v Worley, 40 NY3d 129, 134-135 [2023]; People v Lostumbo, 225 AD3d 1277, 1278-1279 [4th Dept 2024]), we conclude that the error is harmless under the circumstances of this case (see People v Baxin, 26 NY3d 6, 11-12 [2015]; People v Lashway, 25 NY3d 478, 484 [2015]). Although the court assessed the points requested by the People in reaching its determination that defendant is a level three risk, the court, in the alternative, determined that defendant's conviction for a prior sex crime warranted an override to a level three risk (see generally People v Edmonds, 133 AD3d 1332, 1332-1333 [4th Dept 2015], lv denied 26 NY3d 918 [2016]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network