Opinion
2013-01-16
The PEOPLE, etc., respondent, v. Jeffrey HERMAN, appellant.
Del Atwell, East Hampton, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel; Tara Laterza on the brief), for respondent.
Del Atwell, East Hampton, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel; Tara Laterza on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn J.), rendered April 7, 2011, convicting him of failure to register under the Sex Offender Registration Act (Correction Law § 168–f[4]; § 168–t), and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he did not violate the requirement that he timely notify the New York State Division of Criminal Justice Services about his change of address because he was allegedly homeless is unpreserved for appellate review. In any event, the contention is without merit ( see Correction Law § 168–f[4]; United States v. Van Buren, 599 F.3d 170 [2d Cir.],cert. denied––– U.S. ––––, 131 S.Ct. 483, 178 L.Ed.2d 305;People v. Dowdy, 489 Mich. 373, 802 N.W.2d 239;see also People v. Alemany, 13 N.Y.3d 424, 893 N.Y.S.2d 448, 921 N.E.2d 140;People v. DeDona, 102 A.D.3d 58, 954 N.Y.S.2d 541, [2d Dept. 2012] ).
The defendant was not deprived of the effective assistance of counsel under either the United States or New York constitutional standard ( see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674;People v. Ford, 86 N.Y.2d 397, 633 N.Y.S.2d 270, 657 N.E.2d 265.)