Opinion
(1093) KA 99-01401.
September 28, 2001.
(Appeal from Judgment of Ontario County Court, Harvey, J. — Rape, 3rd Degree.)
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of rape in the third degree (Penal Law § 130.25) and other crimes, defendant challenges the procedure used at sentencing to determine his risk assessment classification pursuant to the Sex Offender Registration Act (Correction Law art 6-C). Contrary to the contention of defendant, he may not challenge that procedure upon appeal from a judgment of conviction entered prior to January 1, 2000 ( see, People v. Campbell, 279 A.D.2d 715, 715-716; see also, People v. Kearns, 95 N.Y.2d 816, 817-818). In any event, defendant failed to preserve that challenge for our review because he failed to raise it in County Court ( see, People v. Campbell, supra, at 716).