Opinion
1267 KA 13-02072.
01-02-2015
The PEOPLE of the State of New York, Respondent, v. Reginald PRESSEY, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, LINDLEY, AND DeJOSEPH, JJ.
Opinion
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 did not deny him due process of law by relying solely on the case summary for its determination to assess 20 points for category 13, conduct while confined. The case summary stated that defendant had 38 “more serious Tier III” infractions, which included assault, weapon possession, arson and lewd conduct, a sex offense. Defendant failed to contest the underlying facts contained in the report, and thus his contention that the court violated his due process rights by relying solely upon the case summary is without merit (see People v. Okafor, 117 A.D.3d 1579, 1580, 984 N.Y.S.2d 920, lv. denied 24 N.Y.3d 902, 2014 WL 4357469 ; People v. Vaillancourt, 112 A.D.3d 1375, 1375–1376, 978 N.Y.S.2d 517, lv. denied 22 N.Y.3d 864, 2014 WL 1281989 ; cf. People v. Judson, 50 A.D.3d 1242, 1243, 855 N.Y.S.2d 694 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.