People v. Awalt

Appellate Division of the Supreme Court of the State of New York

Apr 4, 2005

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Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant‘s contention, the County Court‘s determination to designate him a level three sex offender was supported by clear and convincing evidence, and thus, should not be disturbed (see Correction Law § 168-n [3]; People v Hampton, 300 AD2d 641 [2002]). The County Court properly considered the grand jury testimony in making its determination (see People v Thomas, 300 AD2d 379 [2002]).

The defendant‘s contention that the County Court improperly assessed 15 points for the category concerning release without supervision on his “Risk Assessment Instrument” was unpreserved for appellate review (see People v Oquendo, 1 AD3d 421, 422 [2003]) and, in any event, without merit. Adams, J.P., Santucci, Goldstein and Lifson, JJ., concur.