People v. Iorio

Jun 29, 2010
Versions:74 A.D.3d 1306
903 N.Y.S.2d 270

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RONALD IORIO, Appellant. [903 NYS2d 270]—Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 25, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The defendant contends that the Supreme Court erred in designating him a level three sex offender in that the weapon he allegedly used in the commission of his predicate offenses was not a “dangerous instrument,” and, in any event, that such implement was not used in the commission of those offenses. The defendant‘s contention that he did not use the implement is unpreserved for appellate review (see People v Kelly, 46 AD3d 790, 791 [2007]) and, in any event, is without merit, as is his contention that the implement was not a “dangerous instrument” (see Penal Law § 10.00 [13]; People v Pettigrew, 14 NY3d 406, 409 [2010]; People v Chambers, 66 AD3d 748 [2009]; People v Richard, 30 AD3d 750, 753 [2006]; People v Madeo, 103 AD2d 901, 902 n [1984]; People v Jones, 54 AD2d 740 [1976]).

The defendant‘s contention that he was entitled to a downward departure from his presumptive level three risk assessment is unpreserved for appellate review and, in any event, without merit (see People v McKee, 66 AD3d 854, 855 [2009]; People v Rivera, 51 AD3d 646 [2008]; People v Lewis, 50 AD3d 1567, 1568 [2008]; People v Adams, 44 AD3d 1020 [2007]).

The defendant‘s remaining contention is without merit (see People v Stultz, 2 NY3d 277, 287 [2004]; People v Austin, 54 AD3d 916, 917 [2008]; People v Lamberty, 45 AD3d 486 [2007]).