Opinion
2014-03-21
The PEOPLE of the State of New York, Respondent, v. Jimmy Dean RUSSELL, Defendant–Appellant.
Matthew T. Austin, East Rochester, for Defendant–Appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for Respondent.
Matthew T. Austin, East Rochester, for Defendant–Appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for Respondent.
PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, and VALENTINO, JJ.
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ( [SORA] Correction Law § 168 et seq.). Although “[a] sex offender facing risk level classification under SORA has a right to ... effective assistance of counsel” ( People v. Willingham, 101 A.D.3d 979, 979, 956 N.Y.S.2d 165), we conclude that, viewing the evidence, the law and the circumstances of this case in totality and as of the time of representation, defendant received effective assistance of counsel ( see People v. Young, 108 A.D.3d 1232, 1232, 969 N.Y.S.2d 372,lv. denied22 N.Y.3d 853, 2013 WL 5658386,rearg. denied22 N.Y.3d 1036, 981 N.Y.S.2d 351, 4 N.E.3d 362;see generally People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). Even assuming, arguendo, that defense counsel erred in failing to object to the admission in evidence of the document at issue, we conclude that the case summary alone is sufficient to support County Court's determination with respect to the risk factor at issue ( see Young, 108 A.D.3d at 1232, 969 N.Y.S.2d 372;People v. Guzman, 96 A.D.3d 1441, 1441–1442, 945 N.Y.S.2d 904,lv. denied19 N.Y.3d 812, 2012 WL 4017731).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.