Opinion
26 KA 20-01661
03-11-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSE J. BUCHANAN, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from an order of the Erie County Court (Kenneth F. Case, J.), dated September 9, 2020. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order classifying him as a level three sex offender under the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.), defendant challenges County Court's assessment of points under risk factor 10. Defendant's contention is unpreserved (see People v Gallagher, 129 A.D.3d 1252, 1254 [3d Dept 2015], lv denied 26 N.Y.3d 908 [2015]) and, in any event, is without merit (see People v Fabian-Lopez, 160 A.D.3d 536, 537 [1st Dept 2018], lv denied 32 N.Y.3d 901 [2018]; People v Lott, 160 A.D.3d 1458, 1459 [4th Dept 2018], lv denied 31 N.Y.3d 913 [2018]). We add only that, contrary to defendant's characterization, his challenge to the court's point assessment in this SORA proceeding is "not properly analyzed within the framework that governs our review of the weight of the evidence underlying a [trial] verdict" (People v Magee, 200 A.D.3d 1619, 1621 [4th Dept 2021]; see generally People v Romero, 7 N.Y.3d 633, 636-646 [2006]; Northern Westchester Professional Park Assoc. v Town of Bedford, 60 N.Y.2d 492, 499 [1983]).