Opinion
KA 05-00372.
March 17, 2006.
Appeal from an order of the Ontario County Court (Craig J. Doran, J.), entered January 21, 2005. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
SHIRLEY A. GORMAN, ALBION, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JAMES B. RITTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Scudder, J.P., Kehoe, Martoche, Green and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby 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.). The sole contention of defendant on appeal is that County Court erred in assessing 20 points against him based on the fact that his offenses constituted a "[c]ontinuing course of sexual misconduct." That contention is raised for the first time on appeal, however, and thus is unpreserved for our review ( see People v. Sinclair, 23 AD3d 537, lv denied 6 NY3d 707, citing People v. Cureton, 299 AD2d 532, lv denied 99 NY2d 627; People v. Roland, 292 AD2d 271, 272, lv denied 98 NY2d 614). We decline to exercise our power to review defendant's contention ( see People v. Santiago, 20 AD3d 885, 886).