Opinion
2012-11-9
The PEOPLE of the State of New York, Respondent, v. Lawrence J. WALTER, Defendant–Appellant.
Appeal from an order of the Supreme Court, Oneida County (Barry M. Donalty, A.J.), entered August 8, 2011. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act. Frank J. Nebush, Jr., Public Defender, Utica (Patrick J. Marthage of Counsel), for Defendant–Appellant. Scott D. Mcnamara, District Attorney, Utica (Steven G. Cox of Counsel), for Respondent.
Appeal from an order of the Supreme Court, Oneida County (Barry M. Donalty, A.J.), entered August 8, 2011. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
Frank J. Nebush, Jr., Public Defender, Utica (Patrick J. Marthage of Counsel), for Defendant–Appellant. Scott D. Mcnamara, District Attorney, Utica (Steven G. Cox of Counsel), for Respondent.
MEMORANDUM:
On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ( [SORA] Correction Law § 168 et seq.), defendant contends that Supreme Court erred in considering unreliable hearsay when making its SORA determination. “Because defendant's evidentiary objection[s] ... [were] made on a different ground than the ‘unreliable hearsay’ ground he raises on appeal, his contention that the court erred in [considering the challenged] evidence is not preserved for our review” ( People v. Law, 94 A.D.3d 1561, 1562, 943 N.Y.S.2d 814,lv. denied 19 N.Y.3d 809, 951 N.Y.S.2d 468, 975 N.E.2d 914;see People v. Wragg, 41 A.D.3d 1273, 1273–1274, 838 N.Y.S.2d 755,lv. denied9 N.Y.3d 809, 844 N.Y.S.2d 785, 876 N.E.2d 514;People v. Smith, 17 A.D.3d 1045, 1045, 793 N.Y.S.2d 782,lv. denied5 N.Y.3d 705, 801 N.Y.S.2d 252, 834 N.E.2d 1261).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.