| People v Martin |
| 2014 NY Slip Op 05116 [119 AD3d 1385] |
| July 3, 2014 |
| Appellate Division, Fourth Department |
[*1]
| 1 The People of the State of New York, Respondent, vJon C. Martin, Appellant. |
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), fordefendant-appellant.
Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), forrespondent.
Appeal from an order of the Niagara County Court (Sara S. Farkas, J.), dated March21, 2013. 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 (Correction Law § 168et seq.). Contrary to defendant's contention, the nearly six-year delay in renderinga risk classification determination did not deny him due process and was not " 'sooutrageously arbitrary as to constitute gross abuse of governmental authority' "(People v Wilkes, 53 AD3d1073, 1074 [2008], lv denied 11 NY3d 710 [2008]). Contrary to defendant'srelated contentions, County Court did not misapply the relevant case law, and vacatur ofhis risk classification is not warranted under the facts and circumstances of this case (cf. People v Gregory, 71 AD3d1559, 1560 [2010]). Present—Smith, J.P., Carni, Lindley, Valentino andWhalen, JJ.