PEOPLE v. BAKER (2023)

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

PEOPLE of State of New York, respondent, v. Randy BAKER, appellant.

2018–07898

Decided: November 22, 2023

MARK C. DILLON, J.P., ANGELA G. IANNACCI, JOSEPH J. MALTESE, LILLIAN WAN, JJ.

Craig S. Leeds, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of Supreme Court, Kings County (Guy J. Mangano, Jr., J.), dated May 16, 2018, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the defendant appeals from an order, made after a hearing, designating him a level three sex offender.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel (see People v. Oliver, 215 A.D.3d 772, 185 N.Y.S.3d 719).

The defendant's contention that the Supreme Court erred in relying on the risk assessment instrument is unpreserved for appellate review (see CPL 470.05[2]) and, in any event, without merit.

The defendant's remaining contention does not entitle him to relief under the circumstances (cf. People v. Torres, 210 A.D.3d 1027, 1028, 179 N.Y.S.3d 284).

DILLON, J.P., IANNACCI, MALTESE and WAN, JJ., concur.

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