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.
MEMORANDUM AND ORDER
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, 11 N.Y.S.3d 712 [3d Dept. 2015], lv denied 26 N.Y.3d 908, 2015 WL 5972484 [2015] ) and, in any event, is without merit (see People v. Fabian-Lopez , 160 A.D.3d 536, 537, 72 N.Y.S.3d 432 [1st Dept. 2018], lv denied 32 N.Y.3d 901, 2018 WL 4120819 [2018] ; People v. Lott , 160 A.D.3d 1458, 1459, 72 N.Y.S.3d 887 [4th Dept. 2018], lv denied 31 N.Y.3d 913, 2018 WL 3152510 [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, 159 N.Y.S.3d 793 [4th Dept. 2021] ; see generally People v. Romero , 7 N.Y.3d 633, 636-646, 826 N.Y.S.2d 163, 859 N.E.2d 902 [2006] ; Northern Westchester Professional Park Assoc. v. Town of Bedford , 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 [1983] ).