People v Wiedeman

2008 NY Slip Op 04670 [51 AD3d 888]

May 20, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York,Respondent, v Richard C. Wiedeman, Appellant.

—[*1]David Goodman, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller ofcounsel), for respondent.

Appeal by the defendant from an order of the County Court, Dutchess County (Hayes, J.),dated February 10, 2006, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.

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

The defendant's contention that the County Court improperly assessed him 20 points inconnection with risk factor 6 is unpreserved for appellate review (see People v Coleman, 45 AD3d1118 [2007], lv denied 10 NY3d 705 [2008]; People v Gliatta, 27 AD3d 441 [2006]). In any event, the CountyCourt's determination to assess the defendant 20 points for risk factor 6 is supported by clear andconvincing evidence based, inter alia, on facts contained in the presentence report, the casesummary prepared by the Board of Examiners of Sex Offenders, and the risk assessmentinstrument (see People v Thompson,31 AD3d 409 [2006]; People vWhite, 25 AD3d 677 [2006]).

In light of our determination, we need not reach the defendant's remaining contention.Spolzino, J.P., Lifson, Florio and Dickerson, JJ., concur.