People v Patterson

2008 NY Slip Op 04484 [51 AD3d 750]

May 13, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York,Respondent, v Wendell Patterson, Appellant.

—[*1]Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel),for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Valentina M.Tejera of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Brown, J.), datedFebruary 1, 2006, which, after a hearing, designated him a level three sex offender pursuant toCorrection Law article 6-C.

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

The defendant's contention that the County Court erred in relying solely on the presumptiveoverride for a prior felony sex offense conviction to find that he was a level three sex offender isunpreserved for appellate review (see CPL 470.05 [2]). In any event, the contention iswithout merit, as the record establishes that the County Court heard from the parties concerningthe pertinent factors on the risk assessment instrument prepared by the Board of Examiners, andultimately adopted the Board's recommendation that there was no basis to depart from the levelthree designation, which resulted from the presumptive override (see People v Castleberry, 43 AD3d1369 [2007]). Mastro, J.P., Skelos, Lifson and Leventhal, JJ., concur.