PEOPLE v. GAYLE (2025)

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Matthew J. D'Emic, J.), dated July 17, 2023, which, after a hearing, designated him a level one sexually violent offender pursuant to Correction Law article 6–C.

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

The defendant was convicted, upon his plea of guilty, of sexual abuse in the first degree.  After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the Supreme Court assessed the defendant a total of 40 points on the risk assessment instrument and designated him a level one sexually violent offender.  The defendant appeals.

The defendant's contention that he should not have been designated a sexually violent offender is unpreserved for appellate review (see People v. Sherron, 2 A.D.3d 885, 885, 769 N.Y.S.2d 736) and, in any event, without merit (see People v. Talluto, 39 N.Y.3d 306, 315, 186 N.Y.S.3d 78, 206 N.E.3d 1221).

BARROS, J.P., CHRISTOPHER, WAN and TAYLOR, JJ., concur.