| People v Reid |
| 2008 NY Slip Op 02188 [49 AD3d 338] |
| March 13, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v RogerReid, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Rena Paul of counsel), forrespondent.
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or aboutDecember 16, 2005, which adjudicated defendant a level three sex offender pursuant to the SexOffender Registration Act (SORA) (Correction Law art 6-C), unanimously affirmed, withoutcosts.
The People met their burden of establishing, by clear and convincing evidence, risk factorsbearing a sufficient total point score to support a level three sex offender adjudication.Defendant's arguments concerning the risk factors of acceptance of responsibility and releasewithout supervision are unavailing (seePeople v Lewis, 37 AD3d 689, 690 [2007], lv denied 8 NY3d 814 [2007]), andhis arguments concerning a third risk factor are improperly raised for the first time on appeal(CPLR 4017, 5501 [a] [3]; Correction Law § 168-n [3] [SORA appeals governed byapplicable CPLR provisions]; People vCassano, 34 AD3d 239 [2006], lv denied 8 NY3d 804 [2007]).
Defendant did not establish any special circumstances warranting a downward departurefrom his risk level (see People vGuaman, 8 AD3d 545 [2004]). Defendant's extensive record of similar acts of sexualabuse demonstrated a high risk of recidivism.
The court did not deny defendant due process of law by holding the hearing in his absence.The record establishes that he was sufficiently notified of the date of his hearing and forfeited hisright to be present by not appearing (seePeople v Porter, 37 AD3d 797 [2007]; People v Jackson, 176 Misc 2d 476[1998], People v Brasier, 169 Misc 2d 337 [1996]). Concur—Lippman, P.J.,Andrias, Williams and McGuire, JJ.