Opinion
No. 570056/20
10-29-2024
The People of the State of New York, Respondent, v. Jonathan Balmos (Jonathan), Defendant-Appellant.
Unpublished Opinion
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Keshia J. Espinal, J.), entered December 20, 2019, which, after a hearing, adjudicated him a level two sex offender under the Sex Offender Registration Act (Correction Law art. 6-C).
PRESENT: Tisch, J.P., James, Perez, JJ.
PER CURIAM.
Order (Keshia J. Espinal, J.), entered December 20, 2019, affirmed.
Defendant was properly adjudicated a level two sex offender. The court's assessment of 10 points under the risk factor for inappropriate living situation was supported by clear and convincing evidence. Defendant had no permanent address, no history of employment, stated that he had no family contacts and did not participate in community programs, and provided conflicting accounts in various Criminal Justice Agency Reports (CJA) regarding whether he had been homeless for six years or fifteen years, making it difficult to locate him if he were to reoffend (see People v Alemany, 13 N.Y.3d 424, 430 [2009]; People v Ayala, 220 A.D.3d 516 [2023], lv denied 41 N.Y.3d 907 [2024]).
Defendant's contention that the court violated his constitutional right to due process by holding the SORA hearing in his absence is unpreserved (see e.g. People v Rosales, 133 A.D.3d 733 [2015], lv denied 26 N.Y.3d 919 [2016]; People v Brown, 122 A.D.3d 536 [2014], lv denied 24 N.Y.3d 915 [2015]), and we decline to review it in the interest of justice. Were we to review this contention, we would reject it. The record establishes that defendant received oral and written warnings stating that if he failed to appear, the SORA hearing would be held without him (see Correction Law § 168-n[6]; People v Reid, 49 A.D.3d 338, 339 [2008], lv denied 10 N.Y.3d 713 [2008]).
All concur.