Opinion
2019–02695
08-19-2020
PEOPLE of State of New York, Respondent, v. Miguel AVALO, Appellant.
Marianne Karas, Thornwood, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Rebecca L. Abensur and Sarah Nadeau–Balducci of counsel), for respondent.
Marianne Karas, Thornwood, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Rebecca L. Abensur and Sarah Nadeau–Balducci of counsel), for respondent.
MARK C. DILLON, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, COLLEEN D. DUFFY, JJ.
DECISION & ORDER Appeal by the defendant from an order of the Supreme Court, Nassau County (Robert A. McDonald, J.), dated January 28, 2018, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant's contention that the Supreme Court, in designating him a level one sex offender under the Sex Offender Registration Act (see Correction Law art 6–C; hereinafter SORA), improperly assessed him 10 points under risk factor 15 is unpreserved for appellate review, since he did not object to the assessment of these points at the SORA hearing (see People v. Cox, 173 A.D.3d 783, 783, 102 N.Y.S.3d 106 ). In any event, the issue of whether the defendant might have earned a lower numerical score under the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) was academic, as the defendant would inevitably have remained at level one regardless of how low his numerical score might have been (see People v. Belter, 84 A.D.3d 905, 906, 921 N.Y.S.2d 885 ).
DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.