People v. Patterson

May 13, 2008
Versions:51 A.D.3d 750
860 N.Y.S.2d 116

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

The defendant‘s contention that the County Court erred in relying solely on the presumptive override for a prior felony sex offense conviction to find that he was a level three sex offender is unpreserved for appellate review (see CPL 470.05 [2]). In any event, the contention is without merit, as the record establishes that the County Court heard from the parties concerning the pertinent factors on the risk assessment instrument prepared by the Board of Examiners, and ultimately adopted the Board‘s recommendation that there was no basis to depart from the level three designation, which resulted from the presumptive override (see People v Castleberry, 43 AD3d 1369 [2007]). Mastro, J.P., Skelos, Lifson and Leventhal, JJ., concur.