| People v Russell |
| 2014 NY Slip Op 01912 [115 AD3d 1236] |
| March 21, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JimmyDean Russell, Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from an order of the Orleans County Court (James P. Punch, J.), entered May8, 2012. 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 is unanimously affirmed withoutcosts.
Memorandum: Defendant appeals from an order determining that he is a level threerisk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168et seq.). Although "[a] sex offender facing risk level classification under SORAhas a right to . . . effective assistance of counsel" (People v Willingham, 101AD3d 979, 979 [2012]), we conclude that, viewing the evidence, the law and thecircumstances of this case in totality and as of the time of representation, defendantreceived effective assistance of counsel (see People v Young, 108 AD3d 1232, 1232 [2013], lvdenied 22 NY3d 853 [2013], rearg denied 22 NY3d 1036 [2013]; seegenerally People v Baldi, 54 NY2d 137, 147 [1981]). Even assuming, arguendo, thatdefense counsel erred in failing to object to the admission in evidence of the document atissue, we conclude that the case summary alone is sufficient to support County Court'sdetermination with respect to the risk factor at issue (see Young, 108 AD3d at1232; People v Guzman, 96AD3d 1441, 1441-1442 [2012], lv denied 19 NY3d 812 [2012]).Present—Smith, J.P., Fahey, Lindley, Sconiers and Valentino, JJ.