114 AD3d 740
N.Y. App. Div. 2nd
2014

People v Ortiz

Appellate Division, Second Department

February 13, 2014

2014 NY Slip Op 00976 [114 AD3d 740]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 26, 2014

The People of the State of New York, Respondent,
v
David Ortiz, Jr., Appellant.

—[*1] Del Atwell, East Hampton, N.Y., for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J.), dated February 28, 2013, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6-C.

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

The defendant‘s contention that he is not a sex offender within the meaning of the Sex Offender Registration Act (Correction Law article 6-C) is unpreserved for appellate review (see People v Windham, 37 AD3d 571 [2007], affd 10 NY3d 801 [2008]). In any event, the defendant‘s contention is without merit since he was convicted of rape in the second degree, a specified sex offense requiring his registration as a sex offender (see Correction Law §§ 168-a, 168-f).

The defendant was not deprived of the effective assistance of counsel (see People v Bowles, 89 AD3d 171 [2011]).

The defendant‘s remaining contentions are unpreserved for appellate review and, in any event, without merit. Balkin, J.P., Chambers, Austin and Roman, JJ., concur.