| People v Pipkin |
| 2006 NY Slip Op 09584 |
| Decided on December 19, 2006 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 19, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
2005-01718
[*1]People of State of New York, etc., respondent,
v
John Pipkin, appellant.
v
John Pipkin, appellant.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for
appellant.
Daniel M. Donovan, District Attorney, Staten Island, N.Y.
(Karen F. McGee and Anne Crick of
counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 7, 2005, 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.
Contrary to the defendant's contention, the failure of his counsel at the hearing to controvert the assessment of 40 points under Risk Factors 9 and 10 did not, under the circumstances of this case, constitute ineffective assistance of counsel.
FLORIO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court