Opinion
716 KA 18-00931
08-20-2020
The PEOPLE of the State of New York, Respondent, v. Charles M. PELLIS, Defendant-Appellant.
MICHAEL G. CIANFARANO, OSWEGO, FOR DEFENDANT-APPELLANT. GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.
MICHAEL G. CIANFARANO, OSWEGO, FOR DEFENDANT-APPELLANT.
GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, CURRAN, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ( Correction Law § 168 et seq. ). Contrary to defendant's contention, County Court properly considered his youthful offender adjudication for burglary in the second degree when assessing points under risk factor 9 (see People v. Francis , 30 N.Y.3d 737, 747-748, 71 N.Y.S.3d 394, 94 N.E.3d 882 [2018] ; People v. Gamble , 141 A.D.3d 1119, 1119, 35 N.Y.S.3d 614 [4th Dept. 2016], lv dismissed 28 N.Y.3d 1044, 43 N.Y.S.3d 243, 65 N.E.3d 1278 [2016] ; People v. Williams , 122 A.D.3d 1378, 1379, 996 N.Y.S.2d 455 [4th Dept. 2014] ). Burglary in the second degree is a class C violent felony offense (see Penal Law § 70.02 [1] [b] ), and thus based on that youthful offender adjudication the court properly assessed 30 points under risk factor 9 (see People v. Vasquez , 89 A.D.3d 816, 816, 932 N.Y.S.2d 351 [2d Dept. 2011] ; People v. Stacconi , 81 A.D.3d 1046, 1046-1047, 916 N.Y.S.2d 310 [3d Dept. 2011] ), which, when combined with the points assessed under the other relevant risk factors not at issue on this appeal, rendered defendant a presumptive level three risk.