| People v Brown-McKnight |
| 2007 NY Slip Op 08554 [45 AD3d 1334] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Vincent H.Brown-McKnight, Appellant. |
—[*1] Cindy F. Intschert, District Attorney, Watertown (Patricia L. Dziuba of counsel), forrespondent.
Appeal from an order of the Jefferson County Court (Kim H. Martusewicz, J.), enteredSeptember 19, 2005. The order determined that defendant is a level three risk pursuant to the SexOffender Registration Act.
It is hereby ordered that the order so appealed from be and the same hereby is unanimouslyaffirmed without costs.
Memorandum: On appeal from an order determining that he is a level three risk pursuant tothe Sex Offender Registration Act (Correction Law § 168 et seq.), defendantcontends that County Court erred in assessing points on the risk assessment instrument based onhis failure to accept responsibility for his criminal behavior. Defendant failed to preserve thatcontention for our review, and it therefore is not properly before us (see generally People v Smith, 17 AD3d1045 [2005], lv denied 5 NY3d 705 [2005]; People v Peterson, 8 AD3d 1124, 1124-1125 [2004], lv denied3 NY3d 607 [2004]). Contrary to the further contention of defendant, "because [he] wasreleased without any form of parole or probation supervision, [the c]ourt appropriately assigned15 points to his score" (People vHyson, 27 AD3d 919, 920 [2006]). Present—Hurlbutt, J.P., Martoche, Smith,Centra and Fahey, JJ.