Opinion
68 KA 19–00805
01-31-2020
The PEOPLE of the State of New York, Respondent, v. Gustavo ROMAN, Defendant–Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CARNI, BANNISTER, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ( Correction Law § 168 et seq. ), defendant contends that County Court erred in assessing points under risk factors four and five of the risk assessment instrument. As defendant correctly concedes, his contentions are not preserved for our review (see People v. Gillotti, 23 N.Y.3d 841, 854, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ; People v. Saraceni, 153 A.D.3d 1561, 1561, 60 N.Y.S.3d 870 (4th Dept. 2017), lv denied 30 N.Y.3d 1119, 77 N.Y.S.3d 344, 101 N.E.3d 985 [2018] ), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see People v. Charache, 32 A.D.3d 1345, 1345, 821 N.Y.S.2d 728 (4th Dept. 2006), affd 9 N.Y.3d 829, 841 N.Y.S.2d 223, 873 N.E.2d 267 [2007] ; People v. Jones, 15 A.D.3d 929, 930, 789 N.Y.S.2d 382 (4th Dept. 2005) ; see also Saraceni, 153 A.D.3d at 1561, 60 N.Y.S.3d 870 ).