THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEPH A. SARACENI, JR., DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 15–00695

Decided: September 29, 2017

PRESENT:  WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum:  On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ( [SORA] Correction Law § 168 et seq.), defendant contends that County Court erred in assessing points under risk factors one and four of the risk assessment instrument.  Defendant's contentions are not preserved for our review (see People v. Gillotti, 23 NY3d 841, 854;  People v. Wilson, 117 AD3d 1557, 1558, lv denied 24 NY3d 902;  People v. Law, 94 AD3d 1561, 1562, lv denied 19 NY3d 809), however, because at the SORA hearing he only contested the points assessed under risk factor 12.

Mark W. Bennett

Clerk of the Court