| People v Ruben |
| 2009 NY Slip Op 06414 [65 AD3d 1026] |
| September 8, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Adam L. Ruben, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.),dated October 3, 2007, which, after a hearing, designated him a level three sex offender pursuantto Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The petitioner was convicted in 1982 of rape in the first degree. In 1996 a petition toadjudicate him a sex offender under the newly-enacted Sex Offender Registration Act(Correction Law art 6-C) (hereinafter SORA) was denied without prejudice to renewal. Theapplication was not renewed until 2005. After a hearing, the petitioner was adjudicated a levelthree sex offender in 2007.
The petitioner argues that he was deprived of his constitutional right to substantive dueprocess of law (see US Const Tenth, Fourteenth Amends; NY Const, art I, § 6) bythe nine-year delay because he is subject now to a lifetime registration requirement under the lawas enacted in 2002 (L 2002, ch 11, § 13), rather than to the 10-year registrationrequirement under the law that was in effect in 1996 (see Correction Law former §168-h; L 1995, ch 192). The petitioner failed to raise this argument before the Supreme Court,and thus it is not properly before us on appeal.
The defendant's remaining contentions are without merit (cf. People v Abdullah, 31 AD3d 515 [2006]). Spolzino, J.P.,Dillon, Florio and Belen, JJ., concur.